BEECHWORTH NEWSPAPER
THE OVENS AND MURRAY ADVERTISER
No. 4498
Saturday, January 4th, 1879.
Page 4.
THE KELLYS.—All sorts of rumours are again afloat about the Kellys, few of
which are reliable. Several arrests of friends of the gang were effected yesterday,
including James Quinn, Tom Lloyd, Mulligan, Harty and others; whilst at length, we
believe the proper course which should have been taken long ago is to be carried out, and
all known sympathisers are to be arrested. It is rumoured that Stephen Hart, one of the
redoubtable quartette is captured, but this requires confirmation. At any rate active and
prompt measures are being taken. The only plan now to adopt is to imprison every
avowed sympathiser, and unfortunately even amongst so-called respectable men their
name is egion.
OUR DEFENDERS.—Yesterday an unwonted sight was witnessed in Beechworth,
and numbers of the citizens turned out to gaze upon the spectacle. By the afternoon train,
there arrived twelve men of the Victorian Artillery, under the command of Captain
Stubbs. They marched to the police barracks. It is intended they shall remain in the town,
under the command of Sergeant O’Neill.
Page 8.
INN THE BUSH
Talking of the police, as a matter of course, suggests a thought of those gallant
fellows, the Kellys. I suppose the troopers are still “scouring the bush” in those wonderful
disguises which would deceive no one. It appears to me that if ever these gentlemanly
scoundrels are secured, it will be in consequence of their having too many friends. Two
or three hundred relations are something to be proud of, but when it comes to providing
them with “compensation,” it will prove rather too heavy a tax, especially as it must be
done, in the face of £2500 reward. Why, it would necessitate a bank robbery about once a
fortnight, especially if the “sympathisers” required payment in “hard cash.”
———————
No. 4499
Tuesday, January 7th, 1879.
Page 2.
A RIGHT STEP.
AFTER a lapse of upwards of nine weeks since the tragedy at Stringy Bark Creek, the
police have taken active steps towards the capture of the KELLY gang. Acting on the
provisions of the Outlawry Act, they have at length made a raid upon the friends,
sympathisers, and suspected accomplices of the murderers, and already eighteen of these
have been lodged in the Beechworth gaol, where some of them at least, should have been
weeks ago. It has long been known that all throughout the district these desperadoes have
had numberless sympathisers. And some time since we advanced the theory that the best
and only means to effect the capture of these men who have so long successfully defied
the authorities, was to suspend the Habeas Corpus Act, and arrest everyone who was
suspected of aiding and abetting, or even sympathising with them. It is true that such a
course of action may to some seem arbitrary and even cruel, as thereby innocent persons,
through fortuitous circumstances, might be taken from their homes and lodged in gaol,
but experience has shown that if these men are to be captured they must be cut off from
society, and all their means of help must be interrupted. Extreme cases demand extreme
measures to meet them, and no such extreme case has arisen in the colony of Victoria for
years past. So long as the KELLYS have friends, who are able and willing to help them,
and to screen them from justice, so long are the police placed at a great disadvantage, and
the law laughed at. We are not amongst those who believe that the letter received by Mr
CAMERON, M.L.A., purporting to be signed by NED KELLY, was ever written by that
redoubtable individual, but at the same time it contains no doubt a good deal of truth and
must have emanated from some one thoroughly cognisant of the movements of the
outlaws. From what we have written about police mismanagement and inefficiency we
would not abate one jot, as we do not believe they have done their duty. The men have
worked willingly and hard, but they have had no chance, hampered as they ever have
been by red tapeism, and we still firmly incline to the belief that those who had the
conducting of the pursuit altogether failed. No doubt the Government are to a great extent
responsible for the delay, and by their supiness and want of administrative, have brought
the force into some disrepute, but there are also other influences which have done a great
deal towards preventing the capture of the gang. The police have not been up to the mark;
the outlaws have been aided by stauch friends, and in their own country have been well
protected, so much so, that never since the murder of the constables, save at the time of
the sticking-up of the bank at Euroa, have the police really known their whereabouts.
They have concealed themselves most effectually, thanks to the faithfulness of their
friends, and to the information supplied them by the metropolitan press. The want of
discretion shown by some of our contemporaries has been remarkable, and NED KELLY
and his comrades have to thank them a great deal for keeping them well posted up in the
movements of the police. Immediately after the murders, special reporters were
dispatched to the district, by the Melbourne newspapers, and these geniuses very kindly
told the KELLYS where the police were, and what they intended doing. In each issue of
the papers for some time startling telegrams appeared, recounting the adventures of the
police. The public were informed when Sergeant So and So accompanied by several
troopers set out from Benalla, Wangaratta, or Mansfield, and their destination was
faithfully chronicled, so that the bushrangers were the more easily able to elude detection.
No more suicidal policy could have been adopted than that used by a section of the press,
as in many instances it rendered the endeavours of the police completely abortive. With
so many friends and relatives resident all over the district, with spies in every township,
and at every railway station, it is but natural that the news gratuitously given in the
newspapers became common property, and speedily reached the outlaws wherever they
might be. Then the “our own reporters” eager to obtain news, and gain credit for
assiduity, listened to and faithfully transmitted to head quarters every story any loafer
might tell them, and KELLY’S friends taking advantage of this managed to spread
innumerable false reports, which only tended to hamper the authorities, and put them off
the scent. To some extent this foolish system of penny a living, publishing bogus reports
merely for the sake of creating an unhealthy sensation, and making known whenever
possible what the police were doing, has done a great deal towards enabling the KELLYS
to defy capture, and had this not been done, and had the police been better handled, the
men sought for would probably, ere this, have been captured. At length the authorities
have woke-up to the fact that so long as the known sympathisers of the outlaws are
allowed to be at large, supplying them with information, food and ammunition, and
assisting to hide them, the chances of their capture are extremely remote, and however
harsh it may appear, we thoroughly endorse the action they have taken, and trust it will be
productive of fruit and lead to the breaking up of the most desperate gang of ruffians that
ever infested Victoria. There are now in Beechworth gaol, men who have openly boasted
of their sympathy with the gang, and others who are known to have helped and harboured
them, and, if only all such are arrested and confined in gaol, there will be a better hope
that the law will soon be vindicated, the country rid of these pests, and justice, stern and
relentless done. Imprison accomplices and the chief actors will have their supplies cut
off; will have to emerge more frequently from their hiding places, and probably some of
those placed in durance will prefer to turn traitors to being immured in gaol. Still, there is
much do on every hand; the KELLYS have active sympathisers; the gang is gaining
strength; more evils are threatened, and prompt and vigorous action is required.
———————
THE KELLYS.—The sensation of the past few days, has been the arresting of a
number of suspected friends of the Kellys, and the intimation that more are to follow, and
that the police are determined if possible to root out a nest of thieves and vagabonds, who
for years past have been the curse of the North-Eastern District. The move is a right one,
even although (though it is very unlikely,) some innocent ones may suffer. Four young
men have created a state of things which can hardly be credited—the police are baffled,
the country unsettled, and a regular reign of terror is in existence. On Saturday fifteen
men, all well-known characters, were arrested in the Wangaratta, Benalla, and Mansfield
districts, and remanded to Beechworth gaol, and on Monday afternoon, three more
arrived, and were consigned to Mr Thompson’s gentle care. The warrant sets forth that
they “did cause to be given to Edward Kelly and his accomplices, information tending to
facilitate the commission by them of further crime.” Their names are—James Quin,
Francis Hearty, John McElroy, Thomas Lloyd, John McMonigal, Jas. Clancy, Daniel
Clancy, Joseph Harvey, Joseph Ryan, Robert Miller, Henry Perkins, Isaiah Wright, John
Hart, John Lloyd, Daniel Delaney, John Quin, Strickland, Wood and another whose name
we have not learned. Most of these are intimately acquainted with the Kellys. Captain
Standish came up to Beechworth yesterday afternoon, but only remained a short time.
The twelve members of the artillery force, under Sergeant O’Neill, are quartered in the
gaol, where two of them are always on duty. More arrests are expected.
NED KELLY’S HORSE.—Our Benalla correspondent writes:—A remarkable feature
presented itself on the racecourse during the races on New Years Day, in the shape of a
horse. The animal was the property of Ned Kelly, now outlawed, who, as it was
rumoured, intended having a memorable picture for the police to gaze upon, as it
represented £1000 in their minds (but there it rested), and that it would refresh their
memories a little on account of the peacefulness of that desperate gang since the Euroa
Bank robbery. Many were the rumours floating round, and when the police were near,
such remarks as these were made, “I saw Ned Kelly on the other side of the course sitting
on the fence, but whether the constables heard themselves laughed at or not, it is hard to
say,” but they used to quietly disperse after such remarks, and seek pastures new. The
police are keeping very quiet in regard to their movements, and it is notorious that even
the Benalla Standard Rambler cannot get a clue as to what they are doing, but as the
Scotchmen say “Bide a wee,” and all will come out straight.
———————
No. 4499 (same number as previous)
Thursday, January 9th, 1879.
Page 2.
WANGARATTA POLICE COURT.—On Monday, before the Mayor and Mr Bickerton,
J.P., John Quinn was charged with giving certain information to Edward Kelly and
accomplices, tending to facilitate them to commit further crime. Sergeant Steele applied
for a remand for eight days. The defendant said he was not guilty, and asked for proof of
his guilt; remanded until Saturday next. Richard Strickland was similarly charged. The
defendant said he could see no charge against him; remanded until Saturday next.
William Wood, alias Strickland, was similarly charged; remanded until Saturday next.
———————
THE EFFECT OF THE KELLY RAID.—The Hamilton Spectator relates that one effect
of the Kelly scare is that “by Thursday’s train three bank managers, one of whom was
from Portland and two from Hamilton, left for Melbourne in charge of treasure belonging
to their respective banks. The management took with them about £25,000. It is not so
much from fear of the Kelly gang that the banks are organising an escort system of their
own, but rather from an apprehension that in the present lawless state of the colony the
immunity enjoyed by the Mansfield gang will cause a bad example to be imitated by
others.”
———————
No. 4500
Saturday, January 11th, 1879.
Page 4.
HIS HONOR JUDGE BARRY.—An excellent cabinet portrait of His Honor Sir
Redmond Barry, in academic costume, has been forwarded to us by Mr T. F. Chuck,
photographer, of the Royal Arcade, Melbourne.
POLICE.—Last evening Captain Standish, Chief-Commissioner of Police, and
Superintendent Sadleir, arrived in Beechworth. In all probability they will be present
when the eighteen Kelly confederates are brought up before Mr W. H. Foster, P.M., this
(Saturday) afternoon.
Page 8.
ABOUT THE KELLYS.
That a mere cut throat, vulgar ruffian like Ned Kelly should pit himself against
Captain Standish and the whole police force of the colony of Victoria for a number of
months is surely derogatory in the highest degree. Can it be wondered at that every
criminal class in the community becomes more formidable year by year, when we see a
mere cattle duffer, like Kelly, bloom and ripen before our very eyes into one of the most
formidable criminals ever known in the penal colonies of Australia? Kelly at this moment
holds the lives of thousands in his hands during the holiday excursions, and we maintain
that such an admission would be a disgrace to even Spain or Italy. The threats which the
murderous fiend in human form made to capsize a passenger train has no parallel in the
annals of crime. But there is nothing to prevent him. From Captain Standish downwards
not one man in the force has ever yet willingly placed himself within the grasp of Kelly,
nor are the police, in our opinion, likely to do so, unless they consider the odds to be two
to one in their favor. We therefore conclude that the capture of the gang by direct means
need not be reckoned on. A feasible plan of capture, however, we mean to suggest ere we
conclude. It cannot have escaped notice that there exists a widespread sympathy with the
Kellys, and this we think, can be easily dissipated. Ned Kelly himself is an experienced
criminal of the worst type. Nearly ten years ago he served a term in Pentridge, when his
present associates were only boys ten years of age. We know, from our own knowledge,
the real character of the Kelly shanty, which may be best illustrated by a few incidents
within our knowledge. A gentleman once packing between Benalla and Jamieson, riding
a horse worth £40, and having eight pack horses in front of him, stopped at the shanty,
and went inside. In less than ten minutes he found that his saddle horse had disappeared.
Assuming an air of indifference he loitered about the shanty all the afternoon, and
shouted freely. Towards sundown he noticed that the Kellys, Wright, and Gun, the sonin-law, disappeared. Making up to one of the Kelly girls, he suddenly said, “If you tell me
where my horse is, I shall give you £10.” She said “done,” and jumping on horseback,
within twenty minutes she returned at a gallop with his horse, and said, “Hurry off at
once before they return.” The statement of Kennet and Rogers is equally true. Teaming in
the same direction, in company with others, they unyoked and camped close to Kellys.
After tea Kennet and Rogers went up to the shanty for a nobbler, and found Isaiah Wright
and Ned Kelly playing cards, and joined them. Wright asked if any one could change a
pound note, in order to see who had money, but when Rogers drew out his bag and
produced the change, Wright said he could not find the note. Soon afterwards it was
proposed to change partners, and Wright went over and sat alongside Rogers. When play
was over he discovered that some one had taken his purse. A general row ensued. Wright
seized the poker, and even then, ten years ago, Ned Kelly ran into the bedroom and
presented a revolver at the teamsters, but old Mrs Kelly, her daughter, and Gun threw
themselves between the combatants, and there was no bloodshed. From those sketches
can our readers realise the character of the Kelly shanty. It was at once a groggery and a
gambling hell. Can they fail to see that to hocus a man, rob him, and if obstreperous,
knock him on the head and shove him underground must of necessity have been a matter
of no uncommon occurrence. Ned Kelly must take his sympathisers to be terrible flats
when he fancies they are ignorant of these facts. To coolly and deliberately commit three
murders in succession shows Ned to be no novice at the trade. They were in all
probability not the last of twenty he has had a hand in. He wishes us to believe that he is
an innocent, interesting, poor suffering creature, who wished Constable Kennedy to shoot
him in order to drown remorse; and his next act is to rob a poor hawker of his last £10
note, although he had just received a peace offering from the manager of the bank at
Euroa of £2000. Ned prefers knocking it down amongst the harlots, in whose sweet
society he is now basking, and where he will remain till cleared out. Ned would be an
honoured guest in any of the Stephen street slums. Having said so much regarding the
“enforced outlaw,” who prefers thieving to earning an honest living in a country where
mutton is 3d a pound, and land is selling at £1 per acre, we would respectfully take the
liberty of pointing out to Sir Bryan O’Loghlen the following plan:—Ned Kelly is the
gang; get him and you get at the root. The others are mere nobodies, who by themselves
would come to grief in twenty four hours. Well, then, let us offer a free pardon; a free
passage out of the country, and wherewithal to begin life to any one, or two or three of
the gang who will capture Ned Kelly, or give such information or assistance as will lead
to his capture. Let this inducement be communicated to old Mrs Byrne or to any of Hart
or Byrne’s relations, who will, for the sake of the youths, soon find opportunities of
acquainting them with it. Let the proclamation have every publicity by means of calico
handbills all over the district. Ned Kelly is now playing the rôle of Frank Gardiner.
Everyone knows that Gardner led the Dunns and Gilbert fraternity to the gallows. He was
the schoolmaster of youth, like Kelly, but by superior cunning he kept himself out of
danger. A bank has been robbed of more than all the reward we have offered. It should be
immediately doubled. Had Kelly doubled his gang the escort and £10,000 would have
easily fallen into his hands; but that sum would have given him a thousand allies day and
night working for his interests. It was a common practice in both the penal colonies of
Tasmania and New South Wales to offer a free pardon and a free passage to any prisoner
of the Crown who lent valuable assistance in the capture of bushrangers; so that there is
the best precedent for the adoption of our suggestion.—Williamstown Advertiser.
———————
THE KELLY GANG.
TO THE EDITOR OF THE HERALD.
Sir,—Any information relative to the Kellys will, no doubt, be acceptable to a
newspaper, and much valuable information could be given; but the people are really
afraid to open their mouths, so many friends and sympathisers have the Kellys, and so
great is the reign of terrorism created thereby. There is, however, one thing “certain.” The
police and detective arrangements are simply a farce! Every individual, public or private,
in the towns of Benalla, Euroa, Violet Town and Wangaratta, stamp them as such. What
is the good (they say) of a lot of men starting away with a show of something going to be
done, first from one place and then from another, and never leaving the outskirts of the
district? Never leaving the flats and the open country? Why, it is notorious that the Kelly
mob is laughing at them. How is this known? it may be asked. The answer is, Because
many of those taken (and not yet taken) have openly said it, while it was well known they
were in communication with the Kelly gang. One of the Clancys, just arrested, who was
living in a wayside hotel three miles down the line from Wangaratta, was known to be
always on the look-out for information, and though suspected was not properly watched,
or he would have been seen hovering about the stations wheneven troopers were passing
to and fro on the line, in wild-goose chases; and then, having heard all he could hear,
would have been seen sneaking away on a fleet horse, tied away from the station and
riding like grim death, to give Steve Hart the necessary information. Again, one of these
showy raids of troopers, when they were going to do something big, “from information
received,” was watched by the Kelly gang while they lay in ambush, and a consultation
held among the Kellys as whether they will attack them or not. Dan Kelly said: “I will
undertake to account for the right-hand lot,” and prepared his arms accordingly, telling
the others to look to their men and be prepared. Ned Kelly, however, prevailed on them
to desist, and they were allowed to pass scot free! Now sir, where did this occur? Where
did the information come from; and why were the Kellya allowed to be in such close
vicinity, and not be discovered? It is said they were in a gully when the troopers passed
them; but, of course, under cover. If so (and it comes from such a source it could not be
otherwise than true), then it is again asked, what were the hundreds of police doing, when
in such close vicinity, the Kellys were able to be there, and show them such merciful
contempt? Why, the Kelly sympathisers buy quarters of beef, hundred-weights of salt
meat, under the very nose of the camp, in open daylight, troopers passing the doors, in
one of these townships—and which, it is well known (from the parties who purchase,
being sympathisers and friends of the Kellys), that it (the beef, &c., will find its home in
the hide-hole of the murderers! Why, then, it is asked has justice been blind to these
facts? Why not have followed secretly the quarters of beef, the hundred-weights of salt
meat, to the destination of the first purchasers, thence to the bush, where they sertainly
found their subsequent destination? It is further said to be a farce that a number of police
and detectives could be surrounding the locality where it is now well-known the Kellys
have never left (excepting as a blind to return again), and not trace them through supplies,
given by confederates. It results, therefore, in this, one of two things. Either the
blacktracker was right in stating fear prevents the Kellys from being taken, or the
uncertainty of the amount being available which the Government offered for Ned Kelly’s
capture, and the gang at large. It is so simply an apparent fact (if apparent fact is not a
bull) that fear rides so rampant throughout the entire districts named, that in every shop,
house, or hotel, the information you gather is said to you, so to write, in whispers. Why?
Because your next-door neighbour, or your man on your right or your left, in shop or bar,
is thought to be — believed to be — dreaded as being—a sympathiser! Why? Because
directly, or indirectly, he supplies (fairly, honestly, by way of trade, rations as a grocer, as
a butcher, as a baker, as a publican, as indeed a trader in each and every form you choose
to put it; and he, or she, cannot help—to that extent—being a sympathiser. Do not sir, for
one moment, think that the writer doubts the bravery of our police force! Do not think
that she doubts the ability of the detectives! She knows full well how soon a robbery is
traced if once a reward large enough is offered. How readily the police will pounce upon
her Bill when once he takes a drop too much? Bill squares it. She only now puts the facts
of the case, as related to her while on a visit to her friends at New Year; so that troopers,
detectives, and all interested in the capture of the Kellys, shall see the light in which their
conduct is looked upon. If they have been enjoying an outing, it is time it had an end as
the holidays are over! If the detectives want a reward, they will have the entire
approbation of all right-thinking women—married women, especially, for their husbands’
sake—as soon as they have proved to the public a single instance of sharpness in tracing
supplies to the Kelly gang.—Yours, &c.,
MARY JANE.
———————
No. 4501
Tuesday, January 14th, 1879.
Page 2.
A DARK PROSPECT.
No doubt the one immunity from capture enjoyed by the Kelly gang of murderers and
thieves is having a most demoralizing effect upon society. The name of their
sympathisers is ?gon, and in all parts of the colony embryo bushrangers abound, whilst
the records of the courts show that crime is decidedly on the increase. It is difficult,
adequately to estimate the evil that is being wrought amongst the youth of the country,
who unfortunately, are nil too quick to learn lessons of crime. On all sides boys and
young men who have never known much about restraint, read the accounts of the
murders doings and come to regard them as heroes, and it is mournful to think that in this
they are actually encouraged rather than discouraged be men who should know better.
We hear of people talking of the poor KELLYS; recounting in glowing terms their now
famous raid upon Euroa; extolling their cleverness on evading capture, and holding them
up as men to be admired rather than reprobated. These are particularly fond of speaking
disparagingly of the police; will publicly state that they do not believe a word of
FITZPATRICK’S story about the outrage at Greta, and will even throw discredit upon the
narrative of the Stringy Bark Creek murders as recounted by Constable McIntyre, without
for a moment reflecting upon the consequences and effects of such language. All this
tends to increase the sympathy which, strange to say, exists—to embolden quasi
criminals in their law breaking, and to beget a state of lawlessness, which it will be
extremely difficult to support. Every man who sympathises with NED KELLY and his
gang should be punished. They are guilty of a most foul series of murders. In cold blood,
without any direct provocation, they shot three men who were engaged simply doing their
duty. They were not cornered or placed on the defensive, but deliberately assumed the
offensive, stole upon the constables’ camp, and with malice aforethought, murdered three
of them. What sympathy can any honest man have with cowardly murderers, and yet,
strange to say, there are many men who regard themselves as honest, and who are looked
upon as respectable citizens, who have a decided sympathy with the outlaws and do not
scruple to express it. It certainly does appear strange that four men should be able thus to
remain so long at large, and that since the murder of Sergeant KENNEDY and his
comrades, on the 26th October last, saving when they stuck up YOUNGHUSBAND’S
Station and robbed the bank at Euroa, no one has seen any member of the gang. There are
fully three hundred armed men engaged in the search, and yet none of these ahe any
definite idea as to their whereabouts. No doubt the police arrangements have been
defective, and have very naturally been the subject of a good deal of adverse criticism.
People have been accustomed to laugh at the futile endeavours of the authorities to
capture the gang and to talk of the cleverness of the outlaws in thus being able for two
months and a half to defy the whole of the police force of Victoria, and this has an
injurious effect upon young minds, who are led to admire the exploits of men who are
thus able to defy detection. Society is, to a great extent, demoralised. Mr BERRY and his
colleagues have lowered the standard of morality, and the KELLYS are carrying out what
they began. Alluding to the effect of the present scare, one of our contemporaries says:—
“It is impossible to avoid the conclusion that the failure of the police to arrest the men
who killed three of the most efficient members of the force has been followed by an
increase of crimes of violence in this colony. For a long time there have not been so many
burglaries and robberies in the streets of Melbourne; and several instances of travellers
being plundered by armed highwaymen are reported from the country. It is painful to
hear, moreover, that not a few reputedly respectable young men, who should support law
and order, openly express admiration for the courage of the villains who murdered
Sergeant KENNEDY and his unfortunate companions. Every person guilty of such moral
support to the outlaws ought to be summoned, and fined under the Outlawry Act.” And,
strange though it may appear, the present Ministry are to a considerable extent
responsible for the present disorganised state of society. They have encouraged the
working class to make war against the employer of labor; have broken the laws by which
they were bound, and which they were sworn to defend, uphold and enforce; have talked
treason, and sown the seeds of rebellion and revolution; and, what is more natural than
that there should be a disastrous outcome, and that the bushranger and the burglar should
rejoice in their Utopia and take advantage of the occasion offered. Democracy and
republicanism are all very well in their way, but when they degenerate into communism
they become dangerous, undermining all society, letting loose the dogs of discord, and
rendering both life and property insecure. The present state of Victoria is indeed
deplorable. Credit is at a discount; money is scarce, and what there is of it is locked up;
mobocracy reigns supreme; a terrorism exists, whose baneful effects are making
themselves everywhere apparent, and what with a Communist Government and a gang of
outlawed ruffians at large, the outlook is indeed, a gloomy one. As the Herald truly
says:—“Capital is only a relative term. To the pretty larcenist, the contents of the smallest
shopkeeper’s till are capital. To the pickpockets, the few shillings in the purse of the
thrifty housewife who goes out marketing are capital. To the owner of a cottage
allotment, the free selector, who occupies 320 acres, is a laud monopolist; and so on, with
respect to all forms of property. Exclusive possession is a crime in the eyes of the
lawless, the lazy, and the dissolute, whose envy, and rapacity are exploitered for political
purposes by knavish demagogues and hireling scribes. Every brigand is a burster-up;
every magsman is an enemy of capital; and every sympathiser with Kelly is an enemy of
“the wealthy lower orders;” that is to say, of the men who have worked hard, have been
frugal and temperate, and who have thus acquired property, while their enemies and
assailants were boosing at publichouse bars, and dilating on the wrongs of the people,
superbly indifferent, the while, to the hardships and privations undergone by their own
neglected wives and suffering children at home.” A terrible picture this, but alas, a true
one, and there seems to be little prospect of a change. We have to thank Mr BERRY for
this state of affairs, which is unparalleled in the history of the colony, and much of the
sympathy now openly expressed for the KELLYS, as well as the assistance given them, by
which they are enabled to defy capture, is but the outcome of the principles he has
adopted. Upon a section of the youth of the land the result is terrible to contemplate, and
unless prompt, aye even seemingly harsh measures be adopted, there will be darker
crimes yet to record. There are in the North-Eastern District hundreds of young men who
but need the opportunity to develop into thieves and bushrangers, unless a check be put
upon their actions. In acting as they have recently done, and arresting every suspected
confederate of the gang, the police have acted wisely, and we hope to see the principle
carried out to its extremest limit.
———————
THE KELLY CONFEDERATES.—At the Beechworth Gaol on Saturday, Thomas
Lloyd, John McIlroy, John Quin, Francis Harty, Richard Strickland, Daniel Delaney,
John Quin, Wm. Woods, John Lloyd, John Hart, Isaiah Wright, Henry Perkins, John
McMonigal, James Clancy, Daniel Clancy, Joseph Ryan, Robert Miller, Michael Haney,
Walter A. Stewart and John Stewart (alias Smellee), were brought up before Mr W. H.
Foster, P.M., charged under the 5th section of the Felon’s Apprehension Act with having
at different times aided and abetted the Kelly gang of outlaws. Superintendent Sadleir
appeared for the police, and asked for a remand for a week, as the police were not
prepared to give evidence for a committal. The application was granted. The whole of the
prisoners, with the exception of John McMonigal, were undefended. Mr Zincke, who
appeared for the prisoner, objected to the application, on the ground that the proceedings
were in direct violation of law, as his client had been already twice remanded, and no
evidence had on either occasion been brought forward to show why he should be
deprived of his liberty. He therefore asked the Bench to consider the application.
Superintendent Sadleir said that although he was not prepared to bring forward evidence,
he could assure the Bench that the prisoner was a most active confederate of the outlaws.
Mr Zincke contended that they were not justified in tampering with the liberty of the
subject as granted by Magna Charta unless the Habeas Corpus Act were suspended.
Senior-Constable Mullane had known the accused for many years and had reason to
believe that he had aided and abetted the outlaws. Mr Zincke asked that the prisoner be
admitted to bail, but this could not be allowed. In the case of the two Stewarts, Seniorconstable Gribbon, stationed at Rutherglen, deposed that he had on the 9th inst. arrested
the prisoners at Brown’s Plains—eight or nine miles from Rutherglen; Walter Stewart, to
his knowledge, had been twice convicted and imprisoned in Beechworth Gaol, and he
had told him (witness) that he had served two months with Dan Kelly and two of the
Lloyds; both prisoners lived in the same house, and passed for brothers; witness searched
the premises and found a double-barrelled gun (loaded), a double-barrelled pistol
(loaded), a breechloading revolver (six chambers), also loaded, and 59 rounds of metallic
cartridges, which exactly fitted the revolver; (to the Bench) asked Stewart to whom the
revolver belonged and he replied that he had bought it at an auction sale at Urana,
N.S.W.; (to prisoner) saw you on Howlong Flat with a gun on your shoulder; you had
apparently been duck-shooting. Prisoners were remanded for seven days. Benjamin
Gould was charged with having on the 18th December given aid to the outlaws to rob the
Euroa bank. Superintendent Sadleir asked for a remand to Euroa, which was granted.
———————
THE KELLYS.—There is very little doubt (says the Age) that the statement regarding
the Kelly gang having crossed into New South Wales is a mere canard, circulated by
friends of the murderers with a view of throwing the police off the true scent. We have
private information of a most authentic nature to the effect that Hart and Byrne, two
members of the gang, again struck up Mr Younghusband’s out station at Euroa on Friday
night, and obtained supplies of tea, flour and sugar. There were only two of the station
hands at the place at the time, and the two desperadoes met with no resistance whatever,
nor does it appear that any information regarding them was given to the police. It would
appear by this occurrence that the gang are still in the Strathbogie Ranges, but in
consequence of the arrest of their friends they are beginning to be unable to obtain
provisions.
———————
A FALSE ALARM.—From circumstances which came to the knowledge of the police
stationed at Wodonga, they were led to believe that one of the Kelly gang had arrived by
the 11 o’clock p.m. train at Wodonga on Monday night. The officer in charge
immediately collected his men together, and forthwith went in search of the supposed
outlaw, who was believed to have gone by coach to Albury. It was, however, soon
discovered that the object of their chase had not crossed the Union Bridge, and that
therefore he must be between Wodonga and the last named place. It was then ascertained
that a person answering the description has been seen going into Weekes’ Half-way
Hotel. Sooner than can be described, the house was surrounded by the troopers, and every
door and window was covered either by revolver or rifle, so that had any of the notorious
gang been there, escape would have been impossible. The door was then opened and the
police entered, but much to their disappointment found a person closely resembling, but
not exactly identical with, the party they had hoped to meet.—Banner.
———————
No. 4502
Thursday, January 16th, 1879.
Page 2.
TELEGRAPHIC DESPATCHES.
——————
VICTORIA.
—————
(FROM OUR OWN CORRESPONDENT.)
—————
MELBOURNE, Wednesday.
It is regarded as most certain the Kellys have reached the Lachlan, although the police
profess to disbelieve it. The New South Wales police are still in pursuit of the gang
supposed to be the Kellys, and are likely to set the matter at rest in the course of a day or
so.
A Mansfield telegram states there is great activity amongst the police force, and their
movements occasionally look like business, but to a stranger they would appear more like
a mob of bushmen mounted on good horses than policemen, as no uniform is worn, even
in the Police Courts. Last night a large number of mounted police were brought into
town, evidently for the purpose of making some preparations. This morning about a
dozen started fully armed, having two pack horses well loaded with provisions.
———————
THE NEW GOVERNOR OF VICTORIA.—His Excellency the Marquis of Normanby,
who has been appointed to succeed Sir George F. Bowen as Governor of Victoria, will
leave Wellington, New Zealand, the seat of his present Governorship, on the 11th of
February, and will, therefore, arrive in Melbourne about the 22nd. He will be
accompanied by his aide de camp, Lord Hervey Phipps, and by his private Secretary.
THE KELLYS.—Amongst the numerous reports about the movements of the Kelly
gang of murderers is one which comes from New South Wales, and which certainly is
worth reading, although hardly likely to be true. A telegram from Condobolin states that
on Friday four mounted men were seen on the Lachlan River, between there and
Hillstown, with a packhorse heavily laden. On finding that they were discovered, they
immediately broke up their camp, cleared off, and rode away quickly, but were forced to
leave the packhorse on the road as he knocked up. They were apparently making towards
the bridge lower down the river. Two troopers and three black trackers from Euabalong,
after being equipped with revolving rifles, started in pursuit early on Saturday morning.
Tracks of the supposed outlaws were quickly discovered by the trackers, but nothing has
since been heard of them. The pursuit is being vigorously followed up, and the Hillston
police are moving to intercept the men. Our own impression is that this is but another of
the many ruses adopted by the friends of the outlaws to put the police off the scent, and
that they have not left their old haunts, where they would be far safer than in a strange
country.
———————
Page 4.
OXLEY.
(FROM OUR OWN CORRESPONDENT.)
Wednesday, January 15.
A fire, which might have been most destructive in its effects, occurred at Mr John
Mooney’s, at Milawa, on Friday the 10th inst. Mr Mooney had a straw stack, of last years
wheaton straw, standing within 50 yards of his barn and within some 45 yards from two
newly threshed stacks of straw. At about 6.30 p.m. some of the neighbours perceived a
fire in the yard, and immediately gave the alarm. Constables Beard and Curtain rendered
great assistance, the latter not neglecting his duty in keeping watch over the bank
premises. The Kelly scare having extended to this neighbourhood, some wiseacres said it
was a ruse of theirs to distract attention and to loot the bank during the excitement. Thus
while Constable Beard worked hard, Constable Curtain kept his eyes upon all strangers.
All the neighbors—men, women and children—turned out and lent willing assistance in
preventing the fire from extending. The stack when the fire was raging it was impossible
to save; but owing to the solid compactness which it had acquired, it burned more slowly
than it otherwise would have done. All neighbours assisted, and Messrs Brown, Gardner,
Keble, J. Reid, Culph, McCrory, with their womankind and wives and children, lent a
willing aid. By this means the fire was prevented extending. The stack and some chain
and a half of fencing were destroyed; but the barn, threshing-machine, some old oats and
wheat, and the newly-threshed wheat and straw were preserved. Mr Mooney was not at
home when the fire commenced, but was returning from one of his farms, when as he
neared Milawa he perceived the flames from a large fire evidently in the neighbourhood
of his residence, and soon galloped his panting stead to the scene. He, of course, turned
to, to save his property, with a will; but his neighbours had so successfully contended
with the fire-fiend ere his arrival, that he quickly perceived that all danger of the
conflagration spreading was over. Even to-day, although the smouldering charred debris
have been often soaked with water, the smoking mass has still to be watched and sluiced
with water occasionally. After all danger of the extending of the fire had ceased, Mr and
Mrs Mooney were glad to entertain with creature comforts their neighbourly assistants.
Having made inquiries as to the origin of the fire, the father discovered that his little boy
Patsey, some five years of age, had managed to procure a match. He then lighted a fire in
an old bucket with a broken bottom and amused himself with dabbing it out for some
time. Some of the sparks fell through the bottom and ignited the loose straw close to the
stack. The little fellow then ran to his mother, saying there was a big fire in the yard. His
mother, who was washing, ran from the house, and as she ran saw the neighbour running
across the field towards her, woman-like she gave a scream when she saw the fire
blazing; and then with other women set to work to draw water from the well, while the
men and boys and girls with bags and boughs prevented the extending of the fire. I asked
Mr Mooney if he were insured; he said not. Of course I pointed out to him the great
escape he had of losing a large amount of property, and what a benefit it would have been
to him to have had a certain sum to recoup him for his loss.
Bush fires were visible from Milawa, near and far last evening round all parts of the
compass. Large and extensive bush fires have been raging on all the hills about Blow
Hard, New Providence, and Hurdle Creek. Mr Edward Wills and Mr Alexander Taylor
have had a great deal of good fencing destroyed, as well as much valuable grass. On Mr
Davidson’s run also much damage has been done to fencing and grass. As “your own”
journeyed on to Whorouly flats and by parts of Bowman’s Forest last night, he witnessed
what to him appeared a beautiful scene; but which was fraught with pecuniary loss to the
owners, and great suffering to the stocks, viz., the hills and timber trees in flame, and a
rolling river of fire surging up the slopes, and licking up with forked, fiery tongues, the
long dry grass and herbage and fallen trees. As he onward rode, the falling trees coming
with a crash and thud upon the hill sides, told the tale of how well the fire king was doing
his duty. These bush fires are a source of pecuniary loss to graziers and farmers yearly,
and yet how few secure themselves against such risk by insurance. We, in our selfsatisfied, self elated vanity, look with contempt upon the Mussulmans, who, we in our
ignorance, say are fatalists; and yet we ask as if we were thorough Calvanistic fatalists
ourselves! There is a stolid conservatism about our modes of thought and action, that to
others seem wonderful for their fatuity, but to ourselves from habit seem quite natural.
———————
———————
No. 4578
Saturday, July 12th, 1879
Page 1.
THE KELLY GANG.
[HERALD.]
We have received from an anonymous correspondent who is evidently a sympathiser
with, and a near associate of the Kellys and their companions, a long but rambling
statement of the case as it is put by the outlaws. The document, which contains sixteen
pages, came by the post simply addressed to “The editor of the Herald newspaper,
Melbourne.” It is evidently written by an illiterate person, the orthography being
defective, the caligraphy in some portions almost undecipherable, and the composition
rambling and sometimes unintelligible. Sufficient can be gathered, however, to show that
there is a very bitter feeling of animosity among the sympathisers of the outlaws against
the police, and reasons are stated why this should exist. An inquiry is anxiously
demanded, and as the statements made are of a serious character, and the demand for an
inquiry apparently a justifiable one, we give some particulars from the chasion of our
anonymous, who, for aught we know, may be one of the gang. He commences by
drawing attention to the Monk inquiry, and, as might be expected, fully endorses the
decision of Mr. Panton, asserting positively that Monk’s statements that he was shot at
were false. In this matter the anonymous writer thinks the authorities acted with wisdom,
as the statements were such as to demand inquiry. He then proceeds to argue that a
similar inquiry into the whole circumstances that led up to the police murders is
necessary, and that it would save the Government money if they appointed Mr. Panton to
make, not only that inquiry, but to also investigate the conduct of the police in the NorthEastern district, not only before, but since the outrage. In support of this, it is alleged, as
has before been stated, that the whole cause of the tragedy and the subsequent events was
the conviction of Mrs Kelly, Skillian and Williamson, on the unsupported testimony of
Constable Fitzpatrick, which, it is affirmed, was false. Justice is claimed for these three
persons, and it is boldly stated that had it been accorded in the first instance, there “would
have been no necessity for persons like Monk to go in search of the bodies of police who
were sent out to shoot men who, on false evidence, were banished to the wilds, and their
mother, brother-in-law, and friends, on the word of one man alone, convicted of a serious
crime.” The writer goes on to say that on the jury that tried Mrs Kelly, Skillian and
Williamson, was a discharged sergeant of police, “which is contrary to law.” To quote
again from our correspondent. “The Kellys were then outlawed, and a price of £200
offered for their apprehension, for firing three shots at Fitzpatrick, as he said, at a yard
and a half distance; and yet he was hit only once, the bullet entering the middle of the
back of his wrist, but not even injuring a sinew of touching the bone, but passing simply
along the skin. Kelly’s arm and a revolver would go a long way towards a yard and a
half, and Fitzpatrick must have had good eyesight to see bullets and revolvers all round
him. In fact his statement was simply ridiculous. From the 13th April, 1878, to the 23rd
October in the same year, the Kellys were not seen or heard of. During that time they
were not interfering with or harming anyone, but were digging on Bullock Flat, quietly
trying to make a living, when the police came to shoot them down like dogs, as they
stated they would do before they would ask them to stand. Three different parties of
police, numbering in all some 12 or 15, supplied with the best firearms, were sent out to
take the Kellys in dead or alive. Kennedy’s party camped within a mile of the Kellys, and
the latter had nothing for it but to coolly wait and be shot like dogs, or bail the police up
and take their firearms from them. And when they called on the police to surrender, one
obeyed, and was not injured, but the rest fought and were shot. If the Queen of England
was in in the place of the Kellys, she could have done no less than they did. Let anyone
consider the circumstances of the persecution of the Kellys. Their mother and friends
convicted, and themselves banished and pursued by blacktrackers, police, and even
English bloodhounds, on the evidence of Fitzpatrick; and for what cause? In the first
place, if the Kellys intended to murder Fitzpatrick, they could easily have done so, as,
according to his statement, there were enough of them to eat him without salt; and yet
there was no mark on him but a small cut on the back of his wrist, which any man could
see was never done by a bullet fired from a revolver. Fitzpatrick would not stand long
before Mr Panton.” Our anonymous correspondent then goes on to give his version of the
characters of the Kellys. He says:—“The Kellys are termed thieves and cold-blooded
murders, but those that term them this would be guilty of far worse crimes than they are.
No case of horsestealing was ever proved against any of the Kellys. Ned got six months
for striking a man named McCormack, and three years for receiving a stolen horse. This
was on the evidence of Constables ——and——. The swearing abilities of the first are
well known, as he has been twice tried for perjury, and the latter has himself since been
sentenced to three years for horsestealing. Dan Kelly was sentenced to three months for
smashing a door with his fist. These are the only convictions on the roll against the
Kellys. I guess there was not much cold-bloodness about the shooting of the police. It
was the police who went out to murder for the reward. If other men were treated as the
Kellys have been, they would not spare nothing in human shape, as both the public and
the Government have done their best against them, and laws have been made to suit the
police.” Having thus lauded the outlaws, the writer comes to his great grievance—the
conduct of the police in the North-Eastern District. He writes:—“The policeman business
has been a good one during the last fourteen months that Kellys has been outlawed. Any
scapgrace can get a pound a-day now. I know a great many of the special constables, not
one of whom could earn their tucker before, but now can sport silk coats, and calls
themselves mounted-constables. Two, in particular, I could mention. One is well-known
in the Beechworth and Greta districts, and his character needs no comment. But he is a
good man for Ned Kelly, as he can draw the police wherever he chooses, and clears the
road for a man that knows how to work him better than all the police-detectives put
together. When a drove of police are getting tired of watching about the Beechworth hills
this man will steal a horse from some or the neighbors, ride him down to Greta or Sandy
Creek, or some other place; there style himself Byrne, the bushranger; ride through a
railway gate and threaten to shoot the gatekeeper, so that the police will make a rush in
that direction after the Kellys. When they start on his tracks, he cuts the horse’s throat
and doubles back, while the police keep in hot persuit, especially when they find the dead
horse, and hear the testimony of the people the supposed Byrne threatened to shoot. The
special constable on his way back steals a couple of horses, takes them with him to near
Byrne’s house, and when the police return, tells them that Byrne has been visiting his
home and has left strange horses. In fact, this man tries the mettle of the blacktrackers,
and even the blood hounds, and gets great credit from the inspectors for his supposed
cleverness in getting information of the Kellys. Some of the police officers are as bad as
this man himself, as they are aware that it was he who fired at several persons in the
Beechworth district, and also that he rode a grey horse belonging to a Chinaman at the
Woolshed. If an inquiry should be held there are plenty of members of the police force
who could give important evidence, and could show the public the true character of the
special constables and others supposed to be hunting for the Kellys. In fact, if things are
not altered there will be plenty bushrangers besides the Kellys. As it is, the whole force
ought to be outlawed instead of the Kellys. If the police are allowed to threaten to shoot
respectable men, women, and even children, break down fences, turn stolen horses into
peoples’ paddocks, and a lot of drunken police, dressed like bushrangers, to surround
quiet homes, threatening to shoot the inmates and ransacking the house; yelling, roaring
and galloping through the crops, shouting at the trees, who can tell if they are the police
or the Kellys? It is the place of the public to insist that the police should wear their
uniforms, or at least something to distinguish them from bushrangers or civilians. As it is,
no man dare fire at anyone surrounding his house, for fear of shooting a policeman, as the
police are in the habit of bailing people up and behaving in a most ruffianly manner. A
certain inspector of police a fortnight before Fitzpatrick alleged he was shot at, told an
editor that he knew the Kellys were armed, and that there would be shooting between the
police and the Kellys before a fortnight. If he thought that it is very strange to me that he
should send a drunken trooper to arrest them without a warrant. I believe I write the
opinion of thousands, when I say an inquiry should be held, and all the particulars
brought to light. Unless this is done the Kellys will certainly revenge the insult offered to
themselves and their mother. At present they are painted as black as print can paint them,
but they harmed no man, woman, or child. Their actions are more like those of four
sisters of charity, than four outlaws. If they had robbed, and plundered, and ravished and
murdered the public and every man and woman they met, it would have been a very
different thing, but in the way they have acted, after being treated as they have been, they
deserve to be called men instead of outlaws. Their robberies are confined to banks, the
police, and the Government. If this sort of thing goes on, the Chief Secretary will soon
have to go home for a new loan.” Of course the above extracts are not given “verbatim et
literatim,” but they have only been altered sufficiently to render them intelligible. With
the writer’s opinions as to the angelic nature of they Kellys we have nothing to do, but
the public is concerned to know whether his allegations against the police are true or
false. Sooner or later a most searching inquiry will have to be made, and it is to be hoped
that when the proper time comes, those who can give evidence will come boldly forward.
——————
Page 5
DEPARTURE OF THE ARTILLERY CORPS FROM CHILTERN.—When it became known
that our gallant defenders were to be withdrawn from the North-Eastern District, some
dissatisfaction was expressed at the fiat of the authorities in thus leaving the various
places comparatively defenceless. During their sojourn they have made many friends and
acquaintances, especially amongst the fair sex, to whom the semi-military garb of the
corps has been a wonderful attraction. When the news came that they had to leave it
caused quite a flutter amongst the girls of the period, but the relentless decree had gone
forth, and despite the tearful eyes and aching hearts the gallant force stationed at Chiltern
marched to the railway station to the strains of “Good-bye, Sweetheart” and “The Girl I
Left Behind Me.” It was, however, satisfactory to learn that the police force has been
augmented and a regular patrol kept day and night.
———————
No. 4579
Tuesday, July 15th, 1879.
Page 2.
THE WOMBAT SAWMILLS.—On Wednesday last Mr I. H. Kelson, auctioneer, of
Mansfield, sold Mr E. Monk’s sawmill property at the Wombat, comprising the sawmills
in first-class working order, the mill site, water-right to dam, 30 acres of land, on which
are erected a dwelling-house and out-houses, bullock-yokes and chains, timber, waggon,
&c., the whole of which realised the bulk sum of £450; the purchasers being Messrs
Player, Kitchen and Dundas. This (says the local paper) is a great sacrifice, as the lot
should be worth at least double that amount. There was but one bid, and it seems Mr
Monk is not the only one that does not care for the Wombat as a place of residence.
——————
ARREST OF A HORSESTEALER.—Aaron Sherritt, who is most unfavorably known in
these parts as a purloiner of horses and cattle belonging to other persons, and for which
he has received sentences of various terms of imprisonment, appears to have continued to
carry on his little game; for a short time back Mrs Byrne, of Sheep Station Creek (at
which place Sherritt also resides, when not out on his periodical marauding expeditions)
procured a warrant for his arrest, on the grounds that he had stolen a horse belonging to
her. Aaron managed to evade the clutches of the myrmidons of the law until Monday
afternoon, when Senior-constable Mullane came upon him near his home on the Sheep
Station. He will be brought up this (Tuesday) morning at the Beechworth Police Court,
when, in all probability, he will be remanded for trial for the collection of the necessary
evidence.
——————
A WISE PRECAUTION.—We (“Mansfield Guardian”) are informed that in
consequence of the disaffected state of the North-Eastern district, in consequence of the
numerous Kelly sympathisers, that the Government are exercising great caution in the
granting of selections of land, and that a number of applications have been refused to
persons who are supposed to be sympathisers with the Kelly gang.
——————
MISTAKEN IDENTITY.—There was considerable excitement says the Guardian,
amongst some members of the force in Mansfield the other day on the occasion of a
suspicious looking person being seen at one of the stores there. It appears that the police
caught sight of what they took to be a man, disguised in woman’s clothes, closely veiled,
making purchases in a store; and the affair looking rather suspicious, two members of the
force waited for the stranger to come out, who in the act of doing so, exposed a pair of
dark unmentionables under a riding-habit. This with the fact that there was a strong
resemblance to the figure of Byrne, of the Kelly gang, raised the hopes of the police, and
they inquired of the shop keeper the business of the customer, who was purchasing. It
appears they were not then told who the individual was, and they gave pursuit, when it
was found that the supposed Byrne was no other than the wife of a respectable citizen
near Mansfield, who had ridden her horse into town for the purpose of doing a little
shopping.
——————
No. 4580
Thursday, July 17th, 1879
ANOTHER GANG OF HIGHWAYMEN—The moraliser and lecturer upon the system
of the Pentridge prison discipline, Scott, alias Captain Moonlight, it is supposed, has reembraced his old career of crime. Being evidently desirous of emulating the exploits of
the Kelly gang, Scott, on the present occasion, intends eclipsing his former exploits. The
police authorities have been placed in possession of certain facts which point to the
conclusion that “Captain Moonlight, has succeeded in organising a band of men,
consisting of three ruffians besides himself, for the purpose of pillaging farmers and
selectors within a short distance of the metropilis. The fellows are reported to be
thoroughly armed, well-equipped and mounted on a good roadster. The party up to last
night had not committed any overt act of depredation upon the farmers, although they
were seen within twenty miles of the city within the last few hours. It appears that
“Moonlight was disguised with the small amount of which attended his “lecture” on
Pentridge delivered last week at the Temperance-hall and it is supposed that he at once
conceived the idea of taking to the “road” for a livelihood. It is known by the police the
bushrangers before leaving town purchased a quantity of arms and ammunition. A day or
two after Scott delivered his lecture, he, in company with three other men, paid a visit to
the Williamstown Battery, where a number of long sentence prisoners, who have nearly
completed their term of imprisonment, are confined. Scott eluded the vigilance of the
warders, and broke a pane of glass in one or the dormitories. He then sung out for a
prisoner named Johnson, and passed a revolver through the aperture to this prisoner.
Johnson being alarmed, thrust back the weapon and aroused his fellow-prisoners, who in
their turn. Called the warders. By the time the authorities were awake the ruffians had
made good their escape. The Williamstown Bench yesterday granted warrants for the
arrest of Scott and his three comrades on the charge of attempting to rescue prisoners.—
“Telegraph.”
——————
BEECHWORTH POLICE COURT.—On Tuesday, before Mr W. H. Foster, P.M., Aaron
Sherritt, of Sheep Station Creek, near Beechworth, was charged with stealing a horse, the
property of Mrs Byrne, of the same place. Mr Inspector A. Brooke Smith conducted the
prosecution; and Mr F. Brown appeared for the defence. The former applied for a remand
for seven days, as the police were unable at the present time to go on with the case, some
of the witnesses living at a distance of sixty miles from Beechworth. If a remand were
granted for the time applied for, he (Mr Smith) assured the Bench that at the end of that
time the necessary evidence would be forthcoming. Mr Brown agreed to the remand, but
stipulated that the accused should be admitted to bail. This was agreed to, in one security
of £50, or two of £25 each,—which latter were found.
——————
No. 4581
Saturday, July 19th, 1879.
A SUDDEN TERMINATION TO CAPTAIN MOONLIGHT’S ALLEGED BUSHRANGING
CAREER.—Scott, alias Captain Moonlight, hearing that a warrant for his apprehension
had been issued by the Williamstown Bench, on Thursday morning gave himself up to
the Clunes police. Last night, the warrants for the arrest of Scott, and a comrade of his,
named Nesbit, alias Lyons, who also surrendered to the police, were forwarded by
Inspector Secretan to Clunes. The prisoners are charged with having, in conjunction with
two other men, committed a breach of the Government regulations in endeavouring to
procure of a convict named Johnson from the Williamstown Batteries on the 10th inst.
Scott repudiates the prisoner Johnson’s assertion that he placed any weapon in Johnson’s
hands in the prison dormitory, as asserted, and, in fact, he denies the story circulated by
the police as to his having purchased firearms in Melbourne during his recent visit to the
metropolis.
——————
No. 4582
Tuesday, July 22nd, 1879.
DEATH OF A BUSHRANGER
“Gippsy Smith,” whose name is associated with some of the most daring bushrangers
in the early days of the goldfields of Victoria, died in the Melbourne Hospital last week.
According to the prison records he was transported from England when a mere youth to
Van Diemen’s Land. Being a refractory convict, he was subsequently sent to Port Arthur,
where the worst class of criminals were confined. In the year 1853, he with six others
escaped in a whaling boat, and after a perilous voyage landed at Brighton. Being an
absconder, he said it would be useless to go to the diggings, as he would soon be
discovered, and at once decided on a course of bushranging. In those days the assistance
rendered by the police for the security of life and property was but limited, which
encouraged desperate criminals to commit acts which have furnished a long catalogue of
crimes in the early days of the goldfields and subsequent years. Smith was often seen in a
spirit of bravado passing among the diggers with a red sash round his waist, in which
were exhibited a brace of pistols. On one occasion he was arrested by a young trooper
who was taking him to the lock-up. In a lonely part of the road Smith asked the trooper to
take off the handcuffs for a moment, which the officer consented to do. As soon as the
prisoners hands were free he seized the officer’s sword and attacked him. The trooper at
the same moment drew the scabbard from his belt, and at once stood on his defence. The
two fought for some time, and the prisoner finding he was getting the worst of the fight,
struck the officer’s horse, which bolted into the bush, and smith escaped. Cont’d
——————
No. 4583
Thursday, July 24th, 1879.
BEECHWORTH POLICE COURT.—On Tuesday about two hundred persons attended
at the above court to hear the case of horsestealing, preferred against Aaron Sherritt by
Mrs Byrne, of the Woolshed, near Beechworth. Much interest is taken in the case, for
Sherritt is well known in these parts, and Mrs Byrne, the prosecution, is his aunty, and
besides is the mother of Joseph Byrne, a member of the Kelly gang of outlaws. It was
anticipated that some matters in connection with the latter would be elicited in evidence,
and much importance was attached to the fact that Mrs Skillion, née Margaret Kelly, was
present in court, having travelled from Greta the previous evening. It was even rumored
that Kate, her sister, was also in the town, but this was proved to have had no foundation.
Owing to the unavoidable absence, in Albury, of Mr F. Brown, the counsel for the
accused, and on the application of Mr Zincke, a remand until Saturday next was granted
(bail to be enlarged) much to the disappointment of the crowd assembled.
——————
No. 4584
Saturday, July 26th, 1879.
THE HORSESTEALING CASE.—Aaron Sherritt, on remand for stealing a horse, the
property of Mrs Byrne, of the Woolshed, will be again brought up at the Beechworth
police court at eleven o’clock this (Saturday) morning, before Mr W. H. Foster, P.M.
Much public interest is centred in the case, as it is expected that some disclosures with
reference to the past movements of the outlaws will be made. Kate Kelly, sister to the
principal outlaw, together with Mrs Skillion, née Margaret Kelly, another sister, arrived
in Beechworth last evening, the former from Melbourne, and the latter from Greta, where
she resides.
——————
No. 4585
Tuesday, July 29, 1879.
THE LATEST ABOUT THE OUTLAWS.—According to the Mansfield Guardian, the
latest news regarding the Kellys is to the effect that Ned Kelly has been laid up through a
severe illness, from which he has not yet recovered, thus accounting for the long silence
of the gang, as it is generally known that without the leader no daring movement would
be attempted. There have been frequent reports lately that some of the gang have been
seen at times, but nothing definite regarding Ned Kelly. It is rumored that he is being
nursed by some members of the family, but evidently so well concealed that the police
have not discovered his whereabouts. It seems remarkable that information of such an
important and (probable) reliable nature should never reach the ears of the police, or if so,
that no action is taken to ascertain its correctness.
THE WOMBAT SAWMILLS.—On Monday next the sawmills and property belonging
to Mr Monk, of the Wombat Ranges, will be re-sold, and the surplus above that realised
at last sale is to be given to that gentleman—a practical proof of the sympathy which is
universally felt for him in his recent misfortunes.
——————
BEECHWORTH POLICE COURT.
Saturday, July 26th.
(Before Mr W. H. Foster,P.M.)
HORSE STEALING
Aaron Sherritt was charged with stealing a horse the property of Mrs Margaret Byrne
of Sebastopol.
Inspector A. Brooke Smith conducted the prosecution, and Mr F. Brown appeared for
the defence.
Margaret Byrne, a dairywoman and widow, residing at Sebastopol, deposed to
knowing the horse outside the court. It belonged to her son, Patrick, who was seventeen
years of age. He swapped another horse for it, with her consent. The horse was in her
possession while her son was away in New South Wales. The horse is a bay one, branded
B on one shoulder, and B in a circle on the other shoulder. It was last in her possession
about the 9th or 10th of March. It was then at her door. About two days afterwards missed
the horse. Knew the accused. Valued the horse at about £4. From information received
laid an information and took out a warrant against accused. Never gave him authority to
dispose of the horse.
To Mr Brown: Suspected that prisoner had the horse as soon as it was gone. About a
fortnight after I missed it gave information to the police, and on the 31st May laid a sworn
information. Prisoner is no relation of mine, and was not in a fair way to become my sonin-law. He was frequently at my house, but never made at his home for weeks. The horse
was got in a swap for another one—a bay filly. The receipt for the latter (produced) is
correct. My son bought the horse from Sherritt. Never heard him say he would claim the
horse if ever it went out of my possession. Sherritt used the horse to my knowledge on
two occasions when I lent it to him. He might have taken it out of the bush and used it for
aught I know. Never saw the horse in his paddock. Would not have been surprised to see
anything in his paddock. Put a cow in it once, but it was home as soon as myself. Within
a few days of missing the horse I went to old Sherritt’s place, and saw him and several
members of his family. Asked prisoner at my house if he had seen my horse, and he said
no. Never told him that the police horses were in his paddock. He came into my place and
sat down, and afterwards followed me out. He asked me how I knew he was after the
bushrangers, and I asked who told him, and he said his brothers. Never said if he took the
police horses into his paddock knowingly I would burn the place down. Never told Mrs
Byron that she would say nothing about it had he not been after the bushrangers. Never
said, “You can take Charlie, and go to h——.” Charlie is the name of the horse outside
the court. We had a falling out about his giving the police assistance. Never said to his
brother that if he left the colony I would withdraw the charge. Thought that Sherritt was
giving assistance to the police in the pursuit of the bushrangers.
Patrick Byrne, son of last witness, living with his mother at Sebastopol, deposed that
the bay horse outside the court, branded B in a circle on the off shoulder and B on the
near shoulder, had belonged to him. Got it in a swap, with £2, for a pony from a
Chinaman. The receipt produced is correct. Went into New South Wales some time ago,
and left the horse in charge of his (witness’s) mother. When he came home the horse was
away. Next saw it at Greta in possession of one of the Oxley police. Accused lived near
his (witness’s) mother’s house.
To Mr Brown: Never gave accused permission to use the horse. He used it three or
four times before I went to N. S. Wales. Never told him not to use it. Sherritt’s place is
about three miles distant from my mother’s. He was frequently at my mother’s house, and
was working at one time with my brother Joe. My brother and sister were present when
the receipt was drawn out. Never heard Sheritt say that if the filly was parted with he
would claim the horse.
Margaret Skillion, a married woman residing at the Eleven Mile Creek, near Greta,
deposed that she knew the accused, who was at her house a few weeks before she bought
a horse from Sherritt. The horse outside the court that day was the one he offered to sell
her. Did not buy it when he first offered. He then turned it into the bush and again offered
it for sale on May 2nd, and she bought it. Isaiah Wright was also present. Found the horse
at Fifteen Mile Creek, and brought it to Greta, at Mrs O’Brien’s Royal Victoria Hotel,
where the purchase was made. Paid £2 for the horse, and got a receipt, (produced), which
was drawn out by Jefferson, Mrs O’Brien’s storeman. Recollect having seen accused in
the middle of May last again, and he said he wanted the horse back, as it belonged to Mrs
Byrne, who was going to give him five years. Refused to do so. Gave the horse and the
receipt to the police.
To Mr Brown: When Sherritt came to my place the first time I did not know him. He
then offered the horse for sale, and I refused to purchase it. He told me who he was, and a
short time afterwards I agreed to purchase the horse. The receipt produced gives a correct
description of the horse, even to the brands upon it.
William T. Jefferson, a storeman in the employ of Mrs O’Brien, of Greta, deposed
that in the beginning of May last accused, Mrs Skillion and Isaiah Wright came to the
Victoria Hotel at that place, the receipt produced was drawn out by him, signed by
Sherritt, and witnessed by Wright. Saw Mrs Skillion pay two £1 notes. The bay horse
outside the court was the subject of the sale and purchase.
Senior-Constable Mullane deposed that on the 16th July he had arrested the prisoner.
Told him the charge, and asked him if he had anything to say in answer to it, and he
replied in the negative. Some time in April received some correspondence from the Oxley
police, to ascertain if a horse had been reported as stolen from Mrs Byrne, of Sebastopol.
Had no record of the horse, and, in consequence, it was returned to Mrs Skillion
afterwards.
To Mr Brown: Received the correspondence from the Oxley police in April last.
There was no record in the police office of a horse having been stolen from Mrs Byrne,
who however, afterwards took out a warrant for the arrest of the prisoner.
This closed the case for the prosecution.
Mr Brown said that accused had been in the habit of constantly visiting Mrs Byrne,
and frequently used the horse in question. He gave the bay filly to Mrs Byrne’s daughter,
and made an agreement with her, that if ever she sold or otherwise disposed of it, he
would claim it again. In consequence of what transpired, subsequently there was a falling
out between the parties. He had taken the horse, as Mrs Byrne said to him, “Take the
horse Charlie, and do whatever you like with it.” He had sold it in a most open manner,
and afterwards wanted to get it back.
Ellen Byron, a married woman living at the Black Dog Creek near Chiltern, deposed
that her maiden name was Salisbury and that three years ago she was residing at
Sebastopol. At that time knew Catherine Byrne, Mrs Byrne’s daughter. Also knew the
accused, and was present at Mrs Byrne’s house when a transaction took place about a
filly. The former said she was not to sell or chop it, or he would have another in its place.
It was a bay filly with a running star. Saw a receipt given. He was residing at Mrs
Byrne’s place at the time. Saw Mrs Byrne on Tuesday last at Sebastopol, and the latter
said she did not mind what Sherritt did if he did not go after the Kellys.
To Inspector Smith. Was a domestic servant at Mrs Batchelors hotel at Sebastopol at
the time.
To Mr Brown: Mrs Byrne was present at the time the receipt was drawn out.
William Sherritt, a brother of the accused, deposed to knowing the last witness, and
stated that he was present at a transaction between his brother and Miss Byrne. The
former gave the latter a bay filly, branded J.P. on the shoulder, on condition that she was
to neither sell nor change it. Aaron Sherritt was very intimate with the family and often
stayed there for weeks and months together. The bay horse outside the court had been in
his brother’s paddock for as many as three months together. Both he (witness) and his
brother had frequently used the horse. Mrs Byrne said to witness that if accused left the
country she would withdraw the charge.
To Mr Smith: Heard Mrs Byrne authorise my brother to sell the horse, if he could get
a good price for it. This was about two months before he took it.
John Sherritt, a brother of last witness, deposed that he knew the accused’s selection
at Sebastopol. Some time in March last he (witness) and a man named Dawson were
stopping there. Mrs Byrne came there and asked accused, “What horses are those in the
paddock?” and he replied “I did not know that there were any horses in the paddock.”
She said, “There are some there belonging to the police, and if I thought you knew it I
would burn you down”, and also told him to take everything belonging to him out her
place. He said that he would, and asked her “Are you going to pay for the mare I gave
your daughter?” and she said, “Yes, I’ll give you the horse Charlie, and take it away.”
Did not know where the horse was at the time. Saw it several times in accused’s paddock.
Mr Byrne afterwards said she had lost the horse.
To Inspector Smith: She said that she knew the accused had taken it.
James Dawson, a laborer, deposed to knowing the accused and last witness. Was
staying with them somewhere in the beginning of March, and Mrs Byrne came to the
paddock fence and said something to Sherritt about horses he had in the paddock. She
accused him of having Government horses there, and said that she would burn the fence
down, if she thought he had them there with his knowledge. Sherritt said he either wanted
the mare or the worth of it, and she said “Go and take your effects from my place; and the
horse Charlie; I don’t want to have anything to do with you or your horse.” Knew nothing
of previous transactions between the parties, having been a stranger in the locality.
To Inspector Smith: Cannot form any impression as to whether the words used by
Mrs Byrne to accused, about the horse, meant either a swap, a sale, a deal, or a gift.
This closed the case, and accused was immediately discharged from custody.
The court then adjourned.
——————
No. 4587
Saturday, August 2, 1879.
ROMANCE AND REALITY.
A KELLY SKETCH.
As is the case in other countries besides Victoria the near relation of either
distinguished or notorious individuals are always regarded as objects of curiosity by the
gaping multitude, who appear to think that a half-hour spent in their company is a thing
to be desired as much as a familiar acquaintance with the distinguished or notorious one
himself. In this respect the relations and friends of the outlaws now at large in the King
River district are particularly the observed of all observers; and no sooner does anyone of
them made any perceptible movement that the whole community is cognisant of the fact.
The distribution of this knowledge is in a measure a necessary precaution, they being
naturally inclined towards their friends, whom they probably regard in the light of greatly
injured persons, and at the same time antagonistic to the police and their appurtenances.
The sister of the Kellys are of course objects of particular interest with not only the idle
and the curious but even the more staid portion of society. Kate has become specially and
particularly celebrated. Strange and wild tales are constantly being circulated about her,
until the general opinion placed her in a light which throwes a dark and mysterious
shadow over herself and her doings. She has been described as a tall, dark, and sublimely
beautiful Lucretia-Borgia kind of a female, a woman who would not hesitate at any deed
of daring to accomplish her own ends—in fact, one whom it would be exceedingly
dangerous to trifle with. According to rumor, she rides a superb thoroughbred horse in a
superbly thoroughbred style, the biggest fences—log, wire, or post-and-rail—having no
terrors for her; and, dressed in a half-brigand kind of costume, she is said to dash into a
town on her bay charger, her raven locks fluttering in the wind, and, ordering an article of
dress or groceries, pull out a large roll of notes and pay cash for it. If she had occasion to
visit an hotel, she would pull up at the door, throw the reins over the neck of her foaming
steed, and entering, would shout drinks for all in the bar. It has been stated upon authority
that she has been in Benalla one day, and Beechworth the following morning, places
nearly 100 (?) miles apart.
However, unfortunately for the veracity of the circulators of these romantic and
mysterious tales, the sister of the outlaws is about as directly opposite in every respect to
the general idea entertained of her as one could possible well imagine. She is nothing but
a simple country girl, slight of figure and reserved in manners, with a peculiar earnest
look in her dark blue eyes, which leads one to suppose that her troubles weigh greatly
upon her mind. She dresses invariably in black, and with taste; her voice is pleasing and
soft; her manners gentle and quiet. She travels about in a most unostentatious manner,
and is altogether one who would be the least suspected person in the world of indulging
in the deeds of daring defiance of law and order commonly attributed to her. And the
police are well aware of the fact, or else she would have been brought to the dock with
the other sympathisers long ago. It is to their interest of course, to make their duties
appear as terribly arduous as possible, in order to gain public sympathy, and make the
whole community fully alive to the risks these guardians of the peace daily run in defence
of our hearths and homes and property.
That the outlaws’ sister sympathises with her brothers, there can be no doubt; it is but
natural. And that she is in communication with them there is good reason to believe.
The wildest anecdotes are related of the Kelly family, and repeated from mouth to
mouth with the most unbounded confidence in their truth. Among other matters the
gossips relate that, some years ago, a Kelly girl was courted by a young man, who shall
be nameless. He is nameless, for the very evident reason that tradition never once
discloses his name, or hints at his identity. Well, this vacant individual, without
individuality, was—so runs the tale—at one time engaged to be married to the girl.
However, as time wore on, his fickle heart was inflamed by the tender passion for another
fair one, and he left the outlaws’ sister to mourn over the dead ashes of a departed love.
But Ned, her stalwart brother, was not to be done that way. Folding his arms across his
chest, he stalked into the grim and silent bush, and registered a vow that he would be
avenged! Yes, avenged! Accordingly, a note was sent to the vacant one, inviting him to
dinner. The idea of a cheap meal overcame the bounds of prudence, and the vacant one
got out his shiny hat and shoddy coat, and went. The dinner was served, and they feasted
right royalty. As soon as the dishes had been emptied, the terrible Ned arose, and bade
the vacant one stand upon the table. Astonished at the strangeness of the request, he
asked the reason why, and was told to cast his eyes above. He did so, and shuddered.
Above his head, like the sword of Damocles at the feast, hung a halter adjusted to a
running noose! The vacant one trembled, and trembled in vain. He was lifted on to the
table, bound, and the noose put round his neck. Then he was given the chance of
marrying the slighted girl. Of course, he gave in,—who would not?—and he was let
down; and so ends that story. Tradition, however, does not state what was afterwards
done in the matter; traditions up the North-eastern line never do. Another tale goes on to
say that a well-known publican known publican in Melbourne made Kate an offer of £10
per week if she would come to him as a barmaid, and she agreed to go, but was afraid her
brother Ned would come and shoot her. It is, perhaps, needless to say that both of these
stories are untrue.
Kate went to Beechworth on Saturday to attend the trial of Aaron Sherritt at that
Police Court. At Wangaratta the crowd of gaping idiots on the platform rushed the
carriage to have a peep at the sister of the outlaws. Anyone would think she was a wild
beast in a menagerie, to look at the audience. The pitiful curiosity of those people was,
however, nipped in the bud by Detective Ward, who interposed his body between the
window of the carriage and the platform, and prevented their curiosity being gratified.
Ward has been very active in the infected district since his duties took him there, and
appears to be very well liked by most people who come in contact with him. At
Beechworth the vulgar curiosity was not so prominent, the people appearing to be
possessed of a little more manners and delicacy of feeling than at the former place. That
is, with one exception. At an hotel two men came rushing into the passage and rudely
pushed open the door of a side parlor the sisters had just vacated. They thrust their heads
in, and then came in themselves uninvited. The room, however, was not graced with the
presence of those whom the men came to look for. Their chagrin excused itself by stating
that their conduct was only human nature, and in confusion they were compelled to retire.
The sisters purchased the photographs of the men who were confined in the Beechworth
gaol as sympathisers, and examined them with a degree of interest which was not
surprising, considering the inconvenience they were put to on the sisters’ account. They
both give strange accounts of the treatment they have received, and from many
circumstances which have come to light lately there is little doubt of their veracity. On
one occasion a little sister of the Kellys, twelve years of age, was alone in the house at
Greta, when several rough men, armed to the teeth, rushed in and ransacked the place, in
an imaginary search for the outlaws. The little girl was caught hold of, and one of them
asked her where her brothers where? She could not tell, whereupon they threatened to
shoot her if she did not tell. They frequently ?
the house, and so be ?
lot.
The sooner the question comes before Parliament pending thorough investigation, the
better will the general public be pleased and satisfied.
The police at Benalla look upon a reporter as one would look at the devil, should he
happen to walk down Bourke-street any time. They profess the greatest friendship, but at
the same time keep strictly on guard, and with a weary eye watch his movements, as
though he were a dangerous man, and one with whom it is not good to trifle. For fear he
should go to private people for news, and so get wind of (for them) unpleasant incidents,
they keep him well posted up in various matters, which are of course colored exactly to
suit themselves, at the same time keeping real interesting facts in the background. They
say the Press retards their movements, and prevents justice over-taking crime. It does not.
It exposes their incompetence, and lets civilians know that there is danger to their
property abroad and where and what that danger is. The public have a right to know what
is done with the public money, and the “keep-it-dark” system is perhaps on its downward
career now.
In conclusion, with regard to Kate Kelly, she does not practise feats of horsemanship
on a bare-backed animal, which she steers by its ears; and never did it in her life. The
tales of her career melt ignominiously to nothing on a single glance at her face. Her
brothers cannot be in want of ammunition, therefore had no occasion to purchase any.
They are, quite safe where they are, she says, and not a bit afraid of the police, who it is
stated, will not go near her brother Ned. Both sisters laughed heartily over the telegram
from Mansfield, which appeared in a morning journal, stating that Edward Kelly was
sick, and Dan had been seen in the district; and with regard to Mr Sub-Inspector Toohey,
they said he was perhaps the most dangerous man to their brothers’ safety of anyone in
the force.—“Herald.”
——————
THE MOONLIGHT MYSTERY
——————
——————
No. 4729
Tuesday, June 29, 1880.
Page 2
THE LAST OUTBREAK OF THE OUTLAWS.
——————
AARON SHERRITT MURDERED.
——————
SUBSEQUENT ENCOUNTER WITH THE POLICE AT GLENROWAN.
——————
NED KELLY CAPTURED ALIVE.
——————
THE OTHER MEMBERS OF THE GANG KILLED.
——————
The belief entertained of late by many persons that the Kelly gang of outlaws—
comprising Edward Kelly, his brother Daniel, Joseph Byrne, and Stephen Hart—had not
left the district has been confirmed by the intelligence, which threw the residents of
Beechworth and its vicinity into a state of great consternation, received at half-past one
o’clock on Sunday afternoon, to the effect that Aaron Sherritt, who is well known in this
district, had been shot dead in his house at the Woolshed the previous evening. Constable
Armstrong was the bearer of the news; and the general impression was that the
perpetrator of the foul deed could be none other than a member of the Kelly gang, who
have eluded the vigilance of the police for the past two years and have enjoyed an
immunity from capture astonishing in the extreme and their being brought to justice for
the many fell crimes committed by them was looked upon by not a few as a
consummation devoutly to be wished, but not to be fulfilled. The facts of the affair above
alluded to are as follows:—At about six o’clock on Saturday evening a knock was heard
at the back door of a weatherboard house with shingled roof, occupied at the time by the
deceased and Constables Armstrong, Alexander, Dowling and Duross, who had been for
the past few days told off for the special duty of watching the residence of Mrs Byrne
(the mother of one of the outlaws), where it was considered likely that the gang might at
any moment call, and, as it now appears, they were, with the object in view, acting very
wisely. The house in question is situated at the Woolshed, about six miles from
Beechworth, on the El Dorado road, and is in an isolated position. It was previously
occupied by Henry Grose, a selector, at present residing on the Little River: and in his
absence Sherritt took possession of the premises, which were erected some ten or twelve
years ago by Allan De Lacy. The unfortunate deceased—who incurred the enmity of the
outlaws by the assistance he rendered the police in the pursuit of four of the most
bloodthirsty young villains that have, perhaps, disgraced the history of the colony—
formerly held a selection of 107 acres at Sheep Station Creek, in the fencing of which he
was, it is noteworthy fact, assisted by Joe Byrne. Mr Hiram A. Crawford, coach
proprietor, of Beechworth, afterwards purchased the land. The victim of personal enmiity
was but five and twenty years of age, and his father, John Sherritt, a hardworking selector
on the creek above mentioned and was some time since a member of the police force.
Aaron, not later than Boxing Day last, married a daughter of Mr Edmund Barry, a laborer
residing at the Woolshed: and much sympathy is naturally felt for the youthful bereaved
widow. It were better, perhaps, had the “dead past should be allowed to bury its dead” in
such a matter as this, and, in speaking of deceased, refer as softly as possible to any faults
of which he may have been guilty during his life. But to show the intimacy which existed
between him and Joe Byrne (as he was familiarly known) we may mention that after the
latter’s father died, many years ago, they were inseparable companions; so much so we
are informed, that whenever Mrs Byrne was applied to by her son for anything he might
happen to require, her invariable answer to the request would be: “You had better get it
from Aaron Sherritt, as you and he are such great chums.” About two and a half, or three
years ago, Sherritt and Byrne were discovered near the latter’s residence by a man named
Doig killing a beast, for the ownership of which neither could satisfactorily account,
which led to their arrest on a charge of cattle-stealing, conviction, and subsequent
sentence of six months’ imprisonment—the penalty being light, as the ownership of the
beast could not be proved. Since that time, however, Sherritt (to whom we are given to
understand, the late Mr J. H. Gray stood godfather) has led an apparently honest life;
while the evil associations which young Byrne contracted had a contaminating influence
upon his mind, and he was induced to join a band of youthful banditti, whose hands were
against every man when they felt so disposed; and against whom, of a certainty, every
respectable man’s hand has been held since October, 1878. The deceased man had been
looked upon with a certain degree of suspicion until of late, on account of his-intimate
acquaintance with a man who turned out such a desperate ruffian—all the more to be
regretted when he is remembered (as many residents of this district recollect him) as a
youth, but the neglect of whose early training and, as we have before mentioned, evil
associations, had rendered a perfect demon, as was evidenced on Saturday evening, when
he deliberately and in the most cold-blooded manner imaginable, in concert with his three
wretched companions, took the life of one who not long previous he had almost regarded
as a brother (in fact, many persons not intimately acquainted with them erroneously
regarded them as relations). Appended will be found details of the latest—and, we are
happy to say, last—outbreak of the notorious Kelly gang of outlaws, as furnished by our
correspondents in the various parts of the district mentioned in connection therewith. We
may also here mention our indebtedness for valuable information to certain gentlemen,
whose names we will not here enumerate, but amongst whom we may particularly thank
Detective M. E. Ward, who had charge of the Beechworth department, and whose
onerous duties were most assiduously performed.
The gang handcuffed a German named Anthony Weekes, a well-known resident of the
locality, brought him within speaking distance of the hut, and compelled him to call for
“Aaron,” whom he asked to guide him on his (Weekes’s) way home.
Sherritt unsuspectingly, as might naturally be supposed, at once opened the door, and
immediately afterwards received a shot through the neck—it is supposed by the hand of
the outlaw Byrne, who exclaimed, “You’ll not blow what you will do to us any more.”
He also received a second shot, this time in the chest, as he was falling—fired from the
back door by, supposedly, Daniel Kelly; and shortly afterwards expired.
There were in the hut at this time the four policemen, Mrs Barry, her daughter (wife of
deceased), and the unfortunate victim.
The night was very dark; and as a good fire was burning inside the hut, and the light,
therefore, a bright one, the police were placed at a very great disadvantage, in comparison
with the bloodthirsty murderers.
After Sherritt had fallen (inside the hut), the doors were closed and a number of shots
subsequently fired by the attacking party through the doors, window, and other openings
in the building, a set fire to which an attempt was also subsequently made; but without
effect.
The bushrangers remained, it is reported, near the hut for some time, awaiting an
opportunity doubtless to increase the list of foul crimes of which they have been guilty.
The police were called upon to surrender, but replied that they would rather die than do
so.
Several messages were sent by the police to headquarters; but as there was a fear that
those had been intercepted, and no relief came, Constable Armstrong started, and
personally conveyed the startling news to Beechworth—subsequently learning that the
surmise as to the interception of the messages was well founded.
There seems to be not the slightest doubt but that all the members of the gang were
present.
Mr W. H. Foster, P.M. and coroner, visited the spot without delay; and found a large
crowd surrounding the hut. Mr Foster was very properly himself admitted only, having
advised the police in the hut to allow none others to enter; and made full enquiry into the
unfortunate affair. The body was found to present a fearful appearance, the clothes being
covered with blood; and an inquest (a report of which will be found in another column) in
Beechworth on Monday was commenced.
——————
The public were still further startled on receipt of the news that the outlaws had at an
early hour on Monday morning caused to be torn up several rails on the line between
Glenrowan and Wangaratta, and stuck up Jones’s public-house, a weatherboard building,
at the first-named place, where they had bailed up a number of resident’s in the hotel. The
news could hardly be credited, as it was not thought that such daring villians as the
members of the gang have on all previous occasions shown themselves to be, and had
ever acted most cautiously in their movements, could have committed such an evidently
suicidal act as to allow themselves to be hemmed in by the police in such a manner. The
following accounts were received by us from time to time during the day from the scene
of the affair:—
9 a.m.
As a special train, conveying Superintendent Hare and a number of police, was
travelling from Benalla to Glenrowan at an early hour this morning it was stopped and its
occupants informed that the line had been pulled up by the Kellys a mile beyond
Glenrowan. When the train pulled up at the Glenrowan station Superintendent Hare, on
going to the station-master’s house, was informed by the latter that everybody in
Glenrowan had been taken into the bush by the outlaws. The police were immediately
ordered to leave the train, when Constable Bracken appeared on the scene, exclaiming: “I
have just escaped from Jones’s public-house, and for God’s sake go quickly, or they will
get away.” Mr Hare, followed by two or three of the police, without the slightest delay,
proceeded to the place indicated, on nearing which a shot, which struck Superintendent
Hare on the arm, wounding him, but not seriously, was fired from inside the house, which
was immediately surrounded by all the police then present. Contingents of police from
Beechworth, Wangaratta and Benalla, were telegraphed for, and despatched accordingly.
10.15 a.m.
Ned Kelly has been captured alive, although wounded. When searched he was found to
have a complete suit of bullet-proof armour underneath his clothes.
The rest of the gang are not captured owing to police not wishing to incur unecessary
bloodshed by firing into the public-house, which is full of the towns-people.
11.15 a.m.
Ned Kelly, who was shot by Sergeant Steele while trying to escape, is mortally
wounded and is at present lying at the Glenrowan Railway Station. It is said that Byrne
shot Jones, the publican. The people who were detained in the hotel by the gang have
since been released. Dan Kelly, Hart and Byrne are, however, still in the place, the doors
of which are now open. Incessant firing is being kept up. It is believed that the freeing of
the civilians is only a bait to entice the police to enter the hotel. It is not expected that the
outlaws will be able to hold out much longer.
1 p.m.
The outlaw Joseph Byrne has been killed.
Ned Kelly is still alive. It is not yet known whence he will be removed.
The police are keeping up a lively firing; Hart and Dan Kelly still occupying the hotel.
Two civilians have been wounded.
Some cannon is coming from Melbourne to blow up the house.
All is going on well with the attacking party.
Wangaratta, 4 p.m.
Some fifty policemen from all parts of the district surrounded Jones’s public-house at
Glenrowan this morning. Ned Kelly woke up a platelayer named Reardon at two-o’clock
on Sunday morning, and asked him to dislodge some of the rails, so as to overturn the
train. Reardon said he had not the proper tools, but afterwards took off some bolts and
told Kelly if the train came up there would be a smash; but he had left some bolts so that
the train could pass safely. He and others were then ordered to enter into Jones’s Hotel, in
which there were some sixteen people, besides the four bushrangers, including children,
when the police surrounded the house. The inmates of the place laid down on the floor so
as to prevent the balls from hitting them. Two children were wounded, but not seriously
by the shot of the police. The four men were encased in iron mail, made from the mouldboards of ploughs. Ned Kelly was completely covered with the armour, with an iron
helmet made of the same material. The whole armour weighed one hundred and twenty
pounds. Ned Kelly came out of the house and challenged the police. He was answered by
a volley of shots, and would have been completely riddled but for the armour. However,
he was shot in the arm, and also in the groin, and made a prisoner. He is now lying at the
Glenrowan railway-station. Byrne was shot dead; and Hart and Dan Kelly are now
desperately fighting the police. All the inmates of the house escaped. Hart and Dan Kelly
say they will meet death rather than surrender. A large cannon has been sent for to
Melbourne to blow the shanty up. Ned Kelly told Reardon that he had four stone (weight)
of powder, and would make it hot for the police. The two children arrived from
Glenrowan by train, and are now in the Wangaratta Hospital. The wounds are not serious.
The whole of Wangaratta is alive, as the residents expect that Ned Kelly will arrive by
special train; and almost everyone is delighted that he has been taken alive.
Glenrowan, 4.35 p.m.
About 3 o’clock this morning the police and the blacktrackers encountered the Kelly
gang at Glenrowan. The police having received information that the outlaws were at
Jones’s hotel proceeded in the direction of that place, and were fired upon by the
bushrangers, who were standing on the verandah of the hotel. At the first volley
Superintendent Hare was wounded in the wrist, and retired disabled. At this time there
were thirty persons in the hotel bailed up by the bushrangers. After incessant firing,
which lasted for several hours, Ned Kelly, in attempting to escape, was severely
wounded, and captured by Sergeant Steele, Senior-Constable Kelly and Constable
Arthur, and was conveyed into a room at the railway-station. A special train which
conveyed Superintendent Hare to Benalla brought up Superintendent Sadleir and a
doctor, who at once dressed the prisoner’s wounds, which appear to be fatal. When the
bushranger was conveyed into the hotel, it was found that he was clothed in a complete
suit of heavy mail, weighing 97 pounds, made up skilfully from ploughshares. Byrne is
said to be dead, and the two remaining outlaws are still in the hut, and said to be
dangerously wounded. A railway employè, who was unable to leave the house, was shot
by the police. The firing is still being carried on, and the police, it is stated, intend soon
closing on the place, with a view of capturing the gang. The rails between Glenrowan and
Wangaratta were removed by the bushrangers in hope of killing the blacktrackers, who
were on their way to Beechworth.
5.30 p.m.
Hart and Dan Kelly were shot early in the day. This was discovered when Jones’s
house was on fire. Byrne’s body has been removed. The platelayer who was wounded
died on being removed from the hut.
Mrs Skillion wet towards the hut; but was ordered back by the police.
6 p.m.
All the bushrangers are now accounted for.
Byrne lies dead in one of the rooms at the railway-station.
Ned Kelly, who is in an adjoining room is badly wounded, but considered likely to
recover.
The remains of Dan Kelly and Hart are now to be seen in the burning house with their
armour still on. The police, as they would not surrender when called on, set fire to the
place; but the men were so badly wounded that they could neither come out nor be
rescued from the flames.
The body of Cherry, the platelayer, who was shot dead in the encounter also lies on the
railway-station platform.
The whole of the bushrangers were in almost complete armour of bullet-proof iron,
fitting back and front.
7 p.m.
The charred bodies of Dan Kelly and Hart have been given over to their friends.
Byrne’s body has been sent to Benalla, with Ned Kelly, who is still alive, accompanied
by the latter’s three sisters.
All the police engaged in the encounter did good service, and were greeted with cheers
on their arrival at the railway station.
8.35 p.m.
Ned Kelly is to be sent to Melbourne Gaol, where it is considered he will be safer than
at Beechworth.
——————
LATEST PARTICULARS.
(BY OUR SPECIAL REPORTER.)
I have just seen Ned Kelly put into the train—a special—for Benalla. He is very bad
without any mortal wound, but in a weak state. Dr Nicholson, of Benalla, told me that, as
far as he could see from his necessarily cursory examination, there was no internal
homerrhage, although it was possible Kelly might die of the shock to his system. He
thought, however, that no opinion upon this subject could be expressed at present. Kelly
looks anxious. His sister and some male and female members of his family were beside
his bed during the latter portion of the evening. You must remember that I am sending
you now scraps of intelligence just as I pick them up, as there can be no connected
narrative at present. I saw Reardon, one of the platelayers who was in the house at the
time the police attacked it. He says that after some hours’ firing, he heard a voice calling
upon every “civilian” inside to run out, holding up their hands. They had all then been
lying on the floor; and some of them had been shot—a daughter of Mrs Jones’s, the
landlady; a son of Reardon’s; and a child. Reardon says that when he rushed out Byrne
was then lying dead in the passage. At the same time another platelayer, Cherry, whose
dead body I afterwards saw on the railway platform, must have been already shot. As to
Cherry, he was taken out of the house, just alive, by a Roman Catholic clergyman, the
Vicar-General of South Australia, who happened to be present at the time on a charitable
tour; but died immediately afterwards. The rev. gentleman also said he saw two other
men in armour lying together in another room, that he shook them, and he thought they
were both dead. This was after the two remaining bushrangers had been called upon
several times to surrender; and the house was fired. Shooting was going on all the
morning,, and bullets flying in all directions, some of them going through the public
house on the other side of the railway. The police say they could sometimes, when one of
the gang appeared, hear their bullets hit something, as if they were firing at a target. To
count up the police casualties: Superintendent Hare has gone to town with some of the
bones in his wrist broken by a bullet from Ned Kelly; and one of the blackfellows, all of
whom behaved very well, has a bullet graze across his forehead which is very
uncomfortable but not dangerous. Civilians, in fact, suffered most—Cherry dead;
Reardon’s son’s shoulder badly smashed; Mrs Jones’ daughter much hurt, and looking
very bad; and a boy hit, but not badly. During the months that the Kellys have lain by
they must have been preparing the armour in which they fought. It is a masterpiece of
rough work, and no bullet could penetrate it at close shooting distance. It had breastpiece, back-piece and head-piece, and if they had been defending four sides of the house,
and had the bedding covering their lower limbs against the slabs, they might have fought
50 police for 24 hours with all ordinary chances in their favor. Ned Kelly’s talents were
of a first-rate order; but they were of a wrong order, and an ignorant order. For instance,
he always calculated on this, and so did many of the sympathising public, that the police
would never come to close quarters with them. That was a great mistake. It is said that
the police should not have fired the house. Suppose they had not, many more lives would
certainly have been lost. In any fight, in any war, it is perfectly fair to approach, if you
dare, and set fire to a defended position. And, also, were the police to give the Kellys
more mercy than soldiers of opposing armies give to each other or than any man would
give to outlaws, whose deeds placed them outside the position of the law?
During the time Ned Kelly was lying at the station-house everyone known to the police
was admitted to the room. A great number of ladies took advantage of this permission;
but it was not pleasant to see Kate Kelly and the rest of them inspected by these curious
people. I believe that Ned Kelly’s spiritual welfare was attended to by the Roman
Catholic clergyman already mentioned.
The following are a few additional particulars gleaned from persons who assured me
that the information was perfectly reliable:—Some short time after the Kellys had locked
up the civilians in the hotel, the outlaws in the excitement of watching from the window
for the approach of the train to come to grief, as they expected it would, Constable
Bracken (who, it will be remembered, was at one time an attendant in the Beechworth
Lunatic Asylum, and as soon as he heard of the Mansfield tragedy in October, 1878,
volunteered to go in pursuit of the bushrangers, equipping himself at considerable
personal expense, with a number of necessary articles for the journey; afterwards entering
the force, of which he has over proved himself a most valuable member; having noticed,
where Mrs Jones, the landlady, had, at the instructions of the outlaw leader, placed the
key of the door, while the attention of the other occupants of the room was diverted, took
it from off the nail on which it hung; quietly unlocked the door, slipped out, noiselessly
locked the door from the outside, crept on his hands and knees towards his horse which
he mounted, and rode off. By means of a red silk handkerchief stretched upon a piece of
stick, and a candle held behind, he, when on the railway line some few yards in front of
the approaching pilot engine, effectively exhibited the “danger signal,” and then apprined
the occupants of the train; after which he galloped off to Wangaratta for further
assistance. Joe Byrne was shot through the neck; and fell dead, while in the act of
drinking behind the door a glass of liquor to a toast, proposed by himself, of “Many a
long and happy day still in the bush, boys”—the bullet crashing through a panel of the
door. After a while, Ned Kelly expressed himself to the effect that his best and most
trustworthy comrade was no more, and the other two (Hart and Dan) were cowards; and
therefore he would leave them to their fate. He then rushed out of the door, flourishing
his revolver and calling to the police that it was impossible for them to hurt him, and that
he did not care for forty of them. A literal shower of bullets was the answer, and a
number struck him in all parts of the armour-covered body, causing him to real; and
while in the act of steadying himself, Sergeant Steele sent a bullet into his groin, making
him hors de combat. Now comes the sensational part of the story: Dan Kelly and Hart,
seeing themselves deserted by their captain, resolved upon cheating the gallows, and
laying down on the floor, head to head, they died by their own hand, with the aid of their
revolvers. The firing was kept up by the police for hours afterwards, upon a house
tenanted by four corpses; and it does certainly seem strange that they did not desist,
seeing there was no answering fire.
So ends the Kelly tragedy.
——————
THE INQUEST ON AARON SHERRITT.
An inquest on the body of Aaron Sherritt who was murdered on Saturday night last, at
the Woolshed, was commenced on Monday, at the Vine Hotel, Beechworth, before Mr
W. H. Foster, coroner. The following were sworn as juryman:—Messrs P. Allen
(foreman) G. Dennett, W. Newson, M. Dodd, J. Wertheim, Ralph Hall, J. Ingram, S.
Broadfoot, L, R. Sanderson, James Ward, W. Murdoch, and John Trevaskis.
John Sherritt on being sworn said. I am a farmer and dairyman, and live at Sheepstation
Creek. I have seen the body outside the court. It is the body of my son Aaron Sherritt. His
age was 25 years. I do not know from personal knowledge how he came by his death.
William Sherritt deposed: I am a son of John Sherritt, and live at Sheepstation Creek. I
have seen the body outside the court, it is that of my brother Aaron. I don’t know how he
came by his death except what I have heard.
Ellen Barry deposed: Am the wife of Edmund Barry, and mother-in-law of deceased.
Have seen the body outside. It is that of Aaron Sherritt, my son-in-law. Was at his house
on Saturday last, and was present at his death. Do not know what time the outlaws came,
but think it would be between 6 and 7 o’clock. My daughter and four policemen were in
the hut, and also Aaron Sherritt. Was sitting at the fire with my daughter and the
deceased, when I heard a knock. Constable Duross was also there. In the other room there
were three constables, but I do not know their names. In the sitting-room where I was,
there was a candle burning, and the fire was alight. There was no light in the room where
the constables were. The three constables occupied the room, after they had had their
meals that evening. A knock was heard at the back door. Heard no voices outside
previously. When the knock was heard Aaron rose from his seat and went to the door and
said “Who is there?” I heard the reply of a voice I knew. It was that of Anthony Weekes.
He said, “I have lost my way Sherritt; come and put me on my road.” His was the only
voice I heard. Aaron then opened the door and looked out, standing on the threshold. The
light would shine on Sherritt. Heard someone talk to him, but could not recognise what
was said. Aaron seemed then, as if he wished to retreat into the room. The door was left
wide open. At this moment a shot was fired from close to the door. Some one spoke as
the shot was fired. The shot was fired at Aaron. He then stepped backwards into the
house. At the time the shot was fired my daughter was in the room; but when the knock
came, Duross joined the other three constables, in the bedroom. A man stepped into the
side of the door after the shot was fired, and that man was Joseph Byrne, the outlaw.
Aaron was then standing in the room, and Byrne fired at him again. In the act of firing I
saw his face. The deceased then staggered back. (At this stage the witness became much
affected.) Aaron then fell to the ground. Byrne stayed at the door for a minute or two.
Byrne said, “Mrs Barry, I will put a ball through you and your daughter if you do not
bring that man out of the room.” My daughter said the man was looking for work. I then
said to Byrne, “Joe, What made you shoot Aaron?” Byrne said, “I want that man out.”
Byrnes then said, “If I did not shoot Aaron, he would shoot me. During the time the
conversation was going on Byrne stood in the doorway. Aaron was then dead. Byrne then
told me to open the other door. I complied with the request. I asked him to let me go
outside; and I went and spoke to Weekes. At this time the door opening from one room to
another was open. After opening the door Byrne spoke first. He said, “Come out you b—
b——; I’ll shoot you like b—— dogs. I saw Dan Kelly outside; and also talked with Joe
Byrne. Byrne had the gun in his hand, and was standing one and a half yards away. I
heard Byrne say, “Dan, look out, there is a window in the front of that house.” Dan then
came close to me, and I recognised him. There was no conversation between Byrne and
Kelly. I did not hear anyone else. From the time I heard the knock until Dan Kelly came
round, would be about five or ten minutes. During the time the police were still in the
room. I stood at the door at the side near the fireplace. Between the time Byrne told Dan
Kelly to look out, several shots were fired. The shots were fired against the side of the
house where the were. Some bullets were picked up afterwards. The further examination
of this witness was postponed until Wednesday.
Dr W. A. Dobbyn deposed: Am a duly qualified medical practitioner residing in
Beechworth. I have this day made a post-mortem examination of the body outside the
court. It is the body of an adult 5ft 11½inches high and about 23 years of age. I found a
bullet mark, on the left side of the waistcoat, corresponding to a hole in the neck. There
was an opening to the left side of the neck above the collar bone about an inch in
diameter. I traced the wound from left to right, it had severed the jugular. I traced it
across the windpipe to the right side, where it had smashed one of the ribs to pieces.
There was a wound in the right shoulder immediately below the joint. There was another
wound in the left breast about two and a half inches below the nipple. The wound
corresponded with the opening in the clothes. On opening the body, I traced the wound
under the stomach, across the spine, under the right kidney and out immediately above
the pelvis. Found the ribs were driven inwards on the left side. Detected no wound in the
face, although it was covered with blood. Neither was the skull injured. The ventricles of
the heart were completely empty of blood. The gunshot wounds, as described, was the
cause of death. The body was healthy. Could find no bullets in the body.
Owing to the absence of the police who were in the hut when the murder was
committed, the coroner adjourned the inquest until Wednesday next, at the Court-house,
Beechworth.
——————
MELBOURNE, Monday.
Melbourne has all day been in a state of intense excitement over the Kelly affray,
particulars of which you are no doubt in possession of, being on the spot. “The Argus”
and “Age” published special editions five times in succession, and sold thousands of
copies. The newspaper offices were besieged, and Collins-street was thronged with
people up to a late hour. Many are collected at the railway station, expecting the arrival of
Ned Kelly. He will probably arrive during the night, and be lodged in gaol.
Services in connection with the Raikes Centenary commenced yesterday, and will be
continued during the present week.
The news respecting the Kellys is causing great excitement. Knots of people are to be
seen at every street corner discussing the news. There is a general feeling of satisfaction
at the desperadoes being brought to bay.
——————
FUNERAL OF AARON SHERRITT.—On Monday evening, shortly after the adjournment of
the inquest, the remains of Aaron Sherritt—who was foully murdered on Saturday last—
were deposited in their last earthly resting-place in the Beechworth Cemetery. Only a few
near relatives followed the body to the grave; and the wife of the deceased (who was
present) was very much affected. The Rev. J. G. Mackie read the burial service.
——————
Page 3
THE KELLYS.—The Melbourne correspondent of the “Adelaide Observer” writes:—Last
week news came to hand that the police, acting on secret information, had sent a special
party out after the Kellys. People were in a state of expectancy for a day or two, and then
died away. As I stated some weeks ago, the police maintained a constant watch on the
infected district, receiving word every day or two about the proceedings of the gang, but
never getting any very valuable information in time to enable them to surprise the Kellys
in their lair. They are obliged to act with great circumspection, and keep their movements
as closely concealed from the public as the Kellys keep theirs from the police.
Unfortunately, such is the low condition of morality in the district that the Kellys are
better supplied with intelligence than the police. They have sisters and cousins, who are
ever on the alert. About eight days ago the police heard that a suspicious-looking
individual had been stealing down a retired valley towards a settlement occupied by the
parents of the outlaws. A secret party was organised. It left Benalla by the early morning
train, travelled some eighty miles by train, got out at a small station, and pushed through
the forest and over the ranges to the particular valley where a bonfire had been seen.
They found the tracks, and the black police followed them down until they discovered
that they were only on the trail of a Kelly sympathiser—not one of the gang. The
constables gave up the pursuit, and quietly returned to headquarters, hoping that the
excursion would escape notice. But the vigilant newspaper correspondent got wind of the
affair, and two or three long telegrams of a sensational character were sent to town. An
important change has been made in the command of the special police since the
Mansfield outrage took place in October, 1878. Operations have nearly the whole time
been under the direction of Superintendent Nicholson—an experienced, cautious, silent
man. For a month or two the Commissioner himself presided over the camp at Benalla,
but he only went there to escape the enquiry put by Mr Berry as to what the police were
doing. As soon as Mr Berry ceased to be curious—i.e., on the departure of that gentleman
for England on the embassy trip, Captain Standish returned to the Melbourne Club and
the sweet routine of the head office. Superintendent Nicholson has received his principal
training in the Detective Police office. He applied the rules and practices of that office to
the Kelly enquiries. Many have long entertained the idea that in the first instance the
police should have been sent out in two or three parties with plenty of provisions and
ammunition, and instructions to stay out until they brought the gang in dead or alive. A
totally different policy was pursued. The police patrolled the district for a short time, and
then abandoned all active pursuit. They set about organising corps of friendly informants,
and then whenever they got a hint that the party had been seen here or there, they went
out and examined the ground. The detective police of Superintendent Nicholson
succeeded to a certain extent—the police heard a great deal about the movements of the
gang—but never got within reach of them. In time Mr Nicholson’s waiting game might
have ended in a victory; but the authorities have called him to town, and sent up
Superintendent Hare, with what instructions I know not. It has been reported, however,
that the black trackers are to be sent back to Queensland; if they are, it would look as if
the “pursuit” of the Kellys were to be given up entirely, and the police simply employed
in preventing a raid on the inland towns.
——————
THE INQUEST ON MONDAY.—A general impression prevailed throughout the district that
Aaron Sherritt was shot by Byrne in the face, as well as the body; but this proved
incorrect, as at the post-mortem examination made by Dr Dobbyn, the face, after being
washed, had not any sign of a mark about it. Dr Dobbyn states that the blood on the face
was caused by the wound in the chest, as when the bullet struck deceased, the blood
spurted all over the body. This would at once account for the wretched appearance the
poor fellow had when he was brought to the Vine Hotel at Beechworth by the police. Mrs
Barry states that after her son-in-law was shot, he staggered two or three minutes before
he fell. She was allowed to go outside for a few minutes after the fatal dead, and was
engaged a short time in conversation with Weekes, the man who was handcuffed. It was
at that time she saw and recognised Dan Kelly.
——————
No. 4730
Thursday, July 1, 1880
Page 2
THE COMBAT AT GLENROWAN.
THE terrible drama which was witnessed by so many persons at Glenrowan on Monday
last was a fitting sequel—although the curtain has to rise upon still another scene—to the
mournful tragedy which was enacted on the 26th October, 1878, at Stringybark Creek. As
poor Kennedy, on the last-named occasion, lay wounded on the ground, begging mainly
for his life, that he might, per-chance, see his wife once more, NED KELLY ruthlessly
standing over him, with his rifle to the dying man’s heart, little foresaw, in the pride of
his strength and ferocity, that he also at some not far distant day would be prone and
helpless, surrounded by his justly infuriated captors, and praying for mercy. Such, in fact,
he did. When Kelly fell, crying “I’m done! I’m done!” after he was rushed upon and
seized by Sergeant STEELE and Senior-constable KELLY—Constable MONTEFORD, HEALY,
railway-guard DOWSETT, and others, running up at the same time—KELLY asked STEELE to
spare him “Don’t finish me,” he said, “I’m done for. Let me see it out.” And when at the
scene of the encounter we saw NED KELLY riddled with bullets, crushed and broken, when
he thanked us in the tones of a sick child for some little act of courtesy, all his strength
and daring gone; when we behold the dead body of BYRNE, with his left arm stiffened
upwards towards Heaven, and the murdered SCANLON’S ring upon his finger; when we
subsequently witnessed the removal of the hideous and unrecognised remains of DAN
KELLY and HART removed from the still smouldering house in which they fell, we might
have exclaimed, as the woman left childless by the guillotine said to ROBESPIERRE as he lay
with shattered face and hopeless searching eyes, “Yes, there is a GOD.” Terrible as the
whole scene at Glenrowan was, after the last shot was fired there hung in the very air of
the place that sentiment “Yes, there is a GOD, a GOD of Vengeance as well as a GOD of
Mercy.” To those who believe in the special interpositions of Providence it might really
seem that the whole of the last act was written when KENNEDY was hopelessly beseeching
these wretches to spare him that he might embrace his little ones before he cried. BYRNE
shot down with the glass of liquor to his lips; HART and DAN KELLY sinking despairingly
together in the perhaps already burning house, and the arch villain himself reserved to be
dealt with by the still more impressive solemnities of the law, would really seem to point
to a special retribution from Heaven. But, coming down to the merely human part of this
immense catastrophe, it is a matter of astonishment; that the attacking party, the numbers
of people in the besieged house, and crowd of spectators, escaped with so few casualities.
For eight hours, and in the small space to which the fight was confined, the air was
literally alive with bullets. And yet, melancholy as the casualities were then, it is
marvellous that beside the three outlaws killed, there have been only two deaths, and a
few others more or less injured. The unfortunate man Cherry was only dragged wounded
out of the conflagration to receive the last rites of his church from the Rev. Father GIBNEY,
who was the first to enter. The poor lad JONES, son of the Woman who owned the house
has since died in the Wangaratta Hospital; Inspector HARE was rendered hors de combat
early in the fight, being badly shot through the wrist; one of the blackfellows had his
forehead grazed by a ball; Miss JONES had her temple ploughed by a bullet; and young
REARDON was shot in the shoulder, but is likely to recover. This is, we think, the entire list,
although some four or five hundred bullets must have traversed a few acres of ground
during the siege. Coming now, to the attack itself, we think it will be admitted now that
the police, not only when the fatal trial came, fully answered the expectations of their
friends—and we claim to be in that category—but that their precautions all through the
protracted search were so conducted as to prevent the possibility of the escape of the
outlaws from the district. Had it been otherwise, they would have been away long ago.
All who saw them under fire—and nine-tenths of them had never seen a shot fired in
anger before—admit their gallantry and coolness. And yet, there are some who fall back
on the objection that they should not have set fire to the house. We can only say there
were dozens of them ready at any moment to storm it, and were only restrained by Mr.
Superintendent SADLEIR. Mr. SADLEIR himself informed us that he ordered the firing of the
house in order to prevent the inevitable further bloodshed that must ensue were the
remaining outlaws still alive. And we think he was right. Because if still able to move,
the fire would have forced the outlaws out; or, if wounded, they had still till time to call
for quarter, which undoubtedly would have been granted them. All doubt upon this point,
however ? ? been set at rest by the fact that when Father GIBNEY entered the burning
building he saw both the remaining outlaws lying together, that he touched them, and
found that both were dead. But why should such men get any more consideration than
soldiers give to each other in war.(Words missing as part of page is torn off.) To set fire
to a defended ? is a recognised mode of warfare. Still further: When ? ? ? President
LINCOLN, ? ? ? the United States so? ? ? but, although he was ? ? ? alive and
unable to ? ? ? act of mercy, but it ?
? . In the Glenrowan case, Ned ?
? ?
the police that the gang were ? ? surrender, and up to the last ? ? conduct confirmed
that idea. ? ? repeatedly challenged, and answer ? ? by volleys. Their own argument
? “We will kill you, because you would kill us.” And let us remember that although we
look upon the firing of the house as an act of war, and not an act of vengeance, there
cannot have been amongst the men who surrounded that house that day any particular
tenderness for the men who had shot their own comrades in cold blood, It is quite
evident, from the extraordinary preparations of the outlaws, that they meant to fight the
police at the earliest opportunity, and to kill as many of them as they could, with the least
danger to themselves. Nor did they intend to fight fairly. It is considered disgraceful for
any soldier except the cuirassiers to wear armour in the field, and is, in fact, contrary to
recognised principles. It is true, in one sense, that the KELLYS would be fools to throw
away any chance of preserving their lives in their intended encounter; but in wearing
armour, did they give the police such a chance that the attacking party should have any
particular consideration for them? Certainly not, and we declare, without fear of any
logical contradiction, that under such circumstances no soldier would have received in
the field that quarter which the police gave to NED KELLY. It is almost idle to argue such a
question; in fact, had the KELLYS defended themselves in the house with mattresses, which
would have been fair, as well as armour, which was unfair, they might have shot fifty
policeman without getting a hair singed. The police, like WARREN HASTINGS, may well be
surprised at their own moderation. In conclusion, we may presume that Sergeant S TEELE
will receive a well-deserved promotion. He has already won his spurs over and over
again, and acquitted himself on this occasion, as we always fully expected he would
when occasion presented itself. On the side where NED KELLY put in an appearance,
Senior-constable KELLY, Constables MONTEFORD and HEALY, and railway-guard DOWSETT
(?) also greatly distinguished themselves, and Senior-constable Johnstone, of Violet
Town, in setting fire to the house under momentary expectation of death, did an act of
daring worthy of recognition. But in naming these men, we only speak of those who
appear most forward, for all behaved in the most gallant manner on the eventful day.
——————
MELBOURNE, Wednesday.
The Government have appointed a board to consider how to divide the proper
distribution of amounts of the reward for sweeping away the Kelly gang.
——————
THE KELLY TRAGEDY.
———
LATEST PARTICULARS.
In addition to the account of the tragedy in which the principal parts were played by
the outlawed Kelly gang, committed at Glenrowan on Monday, which was given in our
last issue, we now present our readers with further details. The excitement over the affair
which has prevailed throughout the colony since the cowardly murder by Byrne of Aaron
Sherritt at the Woolshed on Saturday last—news of which did not reach Beechworth until
half-past one o’clock on Sunday afternoon—has now partially subsided. The news of the
subsequent encounter by the gang with the police at Glenrowan on Monday morning
tended to increase the excitement then prevailing; and business throughout these districts
was almost entirely suspended—persons assembling in crowds in the vicinity of the
telegraph-offices eagerly awaiting for the latest tidings, which when received was
excitedly discussed. Up to evening, when the news of the firing of the public-house in
which the outlaws had entrenched themselves, and the subsequent discovery of the
capture of the four members of the gang (the bodies of Hart and Daniel Kelly being
almost entirely consumed by fire), we from time to time during the day issued a number
of extraordinaries, the contents of which were read with intense interest by hundreds of
persons all over the district.
In answer to questions put by various persons who interviewed him while lying
wounded at the Glenrowan railway-station, Ned Kelly, the outlaw chief, admitted the
truth of the accounts published as to the sticking-up and subsequent shooting of the police
at Stringybark Creek, near Mansfield, in October, 1878; but denies having cut off
Sergeant Kennedy’s (one of the victims) ear, as reported, and that the latter just before his
death sent any further message than (verbally) his “love” to his wife. With regard to the
attempt to wreck the special train near Glenrowan early on Monday morning last, he
states that his reason for so doing was to get rid of the black-trackers and the police, who
were passengers at the time, and then he intended to double back into the barracks at
Benalla, where he expected to have been able to hold out for a time. When questioned to
his reason for having taken Sherritt’s life, he expressed ignorance of the occurrence, and
said that his brother, Hart and Byrne did it all unknown to him, and that he was “——
wild about it.” He further gave it as his opinion that the end of the bushranging episode
had not yet come—insinuating that the numerous avowed sympathisers with the gang
would follow in the latter’s footsteps; and stated that the reason why he and his mates had
kept so quiet during the past twelve months was that they thought the trackers would go
away. We may here remark, in reference to the latter statement, that Mr W. H. Foster,
P.M., of Beechworth, on Friday last, in the course of conversation with a friend on the
subject of the outlaws, expressed his firm belief that not very long after the withdrawal
from the district of the blacktrackers (which took place that morning), the gang would be
heard of—a prediction which was verified only the day after.
The following account of Byrne’s death was furnished to the special reporter for the
“Daily Telegraph,” by a person who had an interview with Ned Kelly soon after he was
captured:—After being shot in the arm, Kelly said he went inside, and said to Byrne,
“I’m shot; you can lick them; keep your pluck up.” Byrne went into the bar to have a nip,
and was shot dead, while raising the glass to his lips, just at daylight. When I saw Byrne
drop dead, I said to Dan, “We must make the best of it; my best friend is dead. I’ll go out
in the verandah, and challenge them.” I went out and did so, but the police wouldn’t
answer. I went back to the house. My brother and Steve Hart had gone outside, or into
one of the rooms. I thought they had cleared. I said “I’ll challenge the lot myself,” and
walked out past seven or eight police. I could have shot them easily, and could have got
away if I wished. I met Arthur, the policeman, when coming back to the house. Could
have shot him If I liked. I saw Constable Dwyer, and fired, but just missed him. I was
shot immediately afterwards from behind. I fell, and was taken. In attempting to fire I
shot myself in the foot once, otherwise I could have got away much quicker.
On Monday evening Ned Kelly was removed to Benalla, together with the dead body
of Byrne and the charred remains of Dan Kelly and Hart. The latter were, to the
astonishment of many, subsequently delivered up to their friends, who removed them to
Mrs Skillion’s (one of the Kelly’s sisters) place at the Eleven Mile, near Greta; and
expensive coffins were ordered from Mr John Grant, undertaker, of Wangaratta, together
with the date and age—that on Dan Kellt’s being 19 years, and on Hart’s 21 years. A
certificate, signed by Mr A. Tone, J.P., was given for each body; but on Tuesday evening
the authorities issued an order to stop the burial, to allow an inquest being held upon the
remains.
As accounting for the cause of the gang’s recklessness, several persons who were
bailed up in the hotel have stated that all four were very nearly drunk, and that Ned Kelly
himself drank no less than a half a bottle of brandy. It is to this the fact of his exposing
himself so recklessly is ascribed; and also the failure of the scheme to bring the police
near the house, or to escape themselves from it before they were surrounded. Kelly states,
also, that they all could have escaped if they liked. The horses were all close by, and his
own grey mare would gallop up to him when he called her, only they depended a great
deal on their armour. He also told the Roman Catholic priest (Father Gibney) that it
would be dangerous to attempt to walk to the hotel and ask Dan and Hart to surrender, as
their blood was up, and they would stick at nothing in order to have revenge for the death
of Byrne and his own capture. Father Gibney, in spite of the continued remonstrances of
Kelly, however, persisted in declaring his intention of going to the house ere the flames
got too great a hold of it; but before starting on his errand of mercy, he asked another
clergyman who was present to accompany him. He, however, positively declined to do
so, intimating that those who were paid for it could go, but he would not risk his life.
Father Gibney replied that it was no time to think of payment when the souls and bodies
of fellow-creatures were in danger, and immediately afterwards courageously walked into
the burning house, amidst smoke and flames, and attempted to carry the body of Byrne
out, which, however being encased in armour, proved too heavy for him, ? ? constable
rushing in and assisting, in all probability Byrne would have met the same fate as his
fellow outlaws.
The first to give notice of the impending danger to the occupants of the train when
approaching the Glenrowan railway-station was Mr Thomas Curnow, the local
schoolmaster, who was one of the first bailed up, together with his wife; but on preferring
a request to be allowed to go home, received a reply from Ned Kelly to this affect: “Oh,
yes; you may go home and have a sleep; but mind you don’t dream too loud!” When he
heard the train approaching, Mr Curnow hastened and gave the timely warning. The
Minister of Education foresaw the danger that might threaten him from some of the
numerous friends and sympathisers of the Kellys in the locality, and telegraphed to him
to at once close the school and proceed to Melbourne, in order that he might be
transferred to another district. We understand that his brave conduct is to receive suitable
recognition, and that the Glenrowan school is to remain closed for a week, when another
teacher will be appointed.
The wound which Superintendent Hare received is of a more serious nature than was
at first anticipated. A conical bullet fired by Ned Kelly struck him on the back of the left
hand near the wrist, in front of which it came out and passed under his arm; grinding up
the small bones, dividing the tendons and leaving a clear passage right through. With rest
and quiet, it is hoped and expected that no further serious consequences will ensue.
It may not be generally known, but it is nevertheless a fact, that had it not been for Mr
H. E. Cheshire, at present in charge of the Beechworth post and telegraph offices, the
public would have been deprived of the receipt of the startling news with the promptitude
they did. Mr Cheshire, immediately on receipt of the intelligence in the morning, on his
own account—knowing that there was no telegraph office there—proceeded to
Glenrowan early in the morning, and having cut the wires near the station, attached a
small pocket instrument, which fortunately is kept in the Beechworth office, and sent the
astounding news far and wide. For his prompt and thoughtful action, we may take upon
our selves to thank him, on behalf of ourselves and also our numerous readers. To give an
idea of the business transacted in the Beechworth telegraph office on Sunday afternoon
and Monday, we may here mention that no fewer than three hundred telegrams—sixty of
which were from Glenrowan alone—several of them containing over a thousand words,
passed through; and we can testify to the efficient manner in which Mr Alex. Thomson,
the chief operator, and the staff under him performed, their arduous task.
A magisterial enquiry on the body of Byrne was conducted by Captain Standish and
Mr R. McBean, J.P.’s, in the Benalla Court-house on Tuesday. The matter having been
kept secret, but few persons were present. The following evidence was adduced:—Thos.
McIntyre, police constable, stationed at Melbourne, stated that he was one of the party
who went out in search of the outlaws from Mansfield in October, 1878. On the 25th of
the same month they encountered the Kellys and Hart and Byrne. He indentified the body
as being that of the outlaw Joseph Byrne, who was one of the gang that shot Contables
Kennedy, Scanlon, and Lonigan on that date. Louis Pyatzer, a contractor, who was one of
those present at the capture of the gang on Monday last, stated that he was compelled by
them to enter and remain in Mrs Jones’s Hotel at Glenrowan. He identified the body as
being that of Joseph Byrne, the outlaw who was one of the gang. Byrne assisted the
Kellys in resisting the police. Edward Canny, police constable, stationed at Benalla, said
that he had known Joseph Byrne at the Woolshed and other places for over eight years.
The body now in possession of the police was that of Byrne, the outlaw, who was one of
the Kelly gang of bushrangers. Inspector Sadleir produced the proclamation issued in the
“Government Gazette” in October and December last, offering £4000 for the capture of
the gang of outlaws, consisting of Edward Kelly, Daniel Kelly, Joseph Byrne, and
Stephen Hart—the two latter were at first stated to be men by the name of King and
Brown, but were afterwards known to be Hart and Byrne. He also produced the
proclamation issued in the New South Wales “Government Gazette,” offering a similar
reward for the capture of the gang. He stated that the rewards were to be withdrawn at the
end of the present month, but as the gang had been captured before that time the reward
was still in force. This concluded the evidence taken in the matter and a verdict of
justifiable homicide was returned as follows:—“The outlaw Joseph Byrne, whose body
was before the court and in the possession of the police, was shot by them whilst in the
execution of their duty.” The body was subsequently handed over to the friends of the
outlaw, who were waiting in Benalla to receive it, and they conveyed it to Greta. They
intend to bury it with the bodies of Hart and Dan Kelly in the Wangaratta cemetery, after
the magisterial inquiry upon the latter has been held.
Ned Kelly was forwarded to Melbourne by the first train on Tuesday morning, and
taken out at the North Melbourne station platform, to prevent interference by the crowd
that assembled at Spencer-street. However, the news got wind that Kelly was coming,
and over 200 persons assembled to catch a glimpse of the notorious outlaw, who was
lifted out on a stretcher, placed in a waggonette and driven to the Melbourne Gaol, to
which he had been admitted on a remand warrant returnable on the 5th July; but it is
considered doubtful whether he will have sufficiently recovered to then take his trial for
the many heinous crimes laid to his charge. Dr Shiels, the gaol doctor, who attended the
prisoner late on Tuesday night, has furnished the following report as to his patient’s
condition:—The prisoner Kelly was rather feverish on admission to the gaol hospital, the
temperature being 102deg., and the pulse quick. Kelly is a tall, muscular, well-formed
young man, in good condition, and has evidently not suffered in health from his late
mode of life. The principal injuries are:—Firstly—A severe bullet wound near the left
elbow, there are two openings, one above the other below the joint, the two apertures
having probably been caused by the bullet traversing the arm when bent. Secondly—The
right hand has been injured near the root of the thumb. From this I removed a large slugshot. These, however, seem not to be of a dangerous nature. Fourthly—The right foot has
received a severe injury. The track of the ball here is marked by two openings, one on the
top of the ball of the great toe, and the other on the sole of the foot, and the bone is
damaged. The last wound and the one near the elbow-joint, are those of the greatest
importance. There is, however, no immediate danger. At the same time, it is very
necessary that Kelly should be kept perfectly quiet, and free from all avoidable causes of
excitement.
On the news being broken to Mrs Kelly, the mother of the outlaws, who is at present
undergoing a sentence of three years for striking over the head and wounding with a
shovel Constable Fitzpatrick (whom Ned now admits having shot in the wrist at the same
time) at Greta over two years ago. The poor woman was much affected after hearing of
the fate of her sons, which staggered her for the moment. She told the governor of the
gaol (Mr Castieau)—who imparted the news that Ned was in the gaol hospital, and
promised her permission to see him as soon as he was sufficiently strong—that on
Sunday night she dreamt that there had been a fight between her sons and the police.
We had on Tuesday an opportunity of inspecting the “coat of mail” and head-piece—
which had evidently been forged by some bush blacksmith out of the mould-boards of
ploughs—worn by Ned Kelly during the encounter with the police; and, although clumsy
affairs, answered, to a certain extent, the purpose to which they were put, as was
evidenced by the impression made by the police bullets upon them. They were on view at
the Beechworth police office, and during the day crowds of people assembled to see what
were to them objects of great interest, and which we described in our last issue. Mr W. H.
Foster, P.M., has written to the Chief commissioner of Police, requesting that it may be
placed among the curiosities in the Burke Museum, Beechworth.
The Government have, we learn by telegram from our Melbourne correspondent on
Wednesday evening appointed a board to consider and decide the apportioning of the
reward for the apprehension of the outlaws, of which we certainly think Mr Curnow and
Constable Bracken deserve the lion’s share.
Superintendent Hare speaks highly of the courageous manner in which the men under
his command underwent their “baptism of fire”; and the black-trackers, under Lieutenant
O’Connor, also fought gallantly.
———
INQUEST ON YOUNG JONES.
A magisterial enquiry was held before Mr Alex. Tone, J.P., at the Wangaratta
Hospital, on the body of a boy named John Jones, who was accidentally shot by the
police in an encounter with the Kelly gang at Glenrowan. The following evidence was
taken:
Ann Jones deposed: I am a publican residing at Glenrowan: I have seen the body now
in the dead-house, and identify it as that of my son, John Jones, aged thirteen years.
Between two and three o’clock on the morning of the 28th inst., I was in my hotel at
Glenrowan with deceased and a great number of other people, having been bailed up by
the Kelly gang. There were a number of shots fired into the house from the outside. When
I went into the kitchen the deceased was in another room in company with others. The
firing becoming so incessant, and my daughter having been wounded in the forehead, I
rushed to the room where I had left the deceased, who, on seeing me, called out “Oh,
mother, pull my leg. I am shot.” I then took him out to the kitchen and placed him in the
corner near the fireplace. Then went outside the house and begged of the bushrangers to
let me leave the premises, as my boy was shot; but they would not permit me to leave.
The three men that I spoke to were Joe Byrne, Dan Kelly and Stephen Hart. I again ran
out, and screamed to the police that my boy was shot. My daughter, Jane Jones, told Dan
Kelly that she was wounded, and asked permission for her mother to take the deceased,
herself, and the other children away, which was granted. Brought my son (the deceased)
to the Wangaratta Hospital by the 11a.m. train.
Jane Jones deposed: Am a daughter of Ann Jones, a publican residing at Glenrowan.
Have seen the body now in the dead-house of the hospital, and identify it as that of my
brother (John Jones). Was in the kitchen of our house at Glenrowan on the morning of the
28th inst., in company with my mother. We were bailed up by the Kelly gang. My brother
was, at this time, in another portion of the house. There was a lot of firing going on from
the outside. There was no firing from the inside of the house going on. Whilst in the
kitchen I was wounded in the head, after which I went into the room where my brother
was lying, with a number of others. Asked him if he was much hurt. He replied, “Oh, take
me by the hand and tell mother to come to me.” Then took him to the kitchen and laid
him by the fire-place. I got a pillow and put it under his head, and then gave him a drink
of water. In company with my mother, we brought the deceased to the Wangaratta
Hospital.
George Haley deposed: Am the resident-surgeon of the Wangaratta Hospital. I have
seen the body now in the dead-house, and identify it as that of a boy named John Jones,
who was brought to the hospital at half-past twelve o’clock on the morning of the 28th
inst. On examination I found he was suffering from a gunshot wound just behind the hip.
I made a search for the bullet, but was unable to find it. He was in a very low state from
loss of blood. After his wounds were dressed he said he felt much easier, and did not
appear to have much pain. I considered the case hopeless. When I last saw him about 11
p.m. he was considerably lower, but still conscious. The cause of death was the effects of
a gunshot wound.
Francis Edward Brady deposed: Am the house-steward of the Wangaratta Hospital. I
have seen the body now in the dead house, and identify it as that of a patient named John
Jones, who was brought to the hospital about half-past 11 noon on the 28th inst. He was
suffering from a gunshot wound in the hip. While dressing the wound, I asked if he
would tell me how he received it; and he said he was shot by a bullet passing the house
whilst lying down. He said that after he was shot, the people were afraid to assist him, on
account of the number of bullets that were flying about. He died about a quarter to one on
the morning of the 29th inst.
His Worship found in accordance with the medical testimony.
———
THE ADJOURNED INQUEST ON THE BODY OF AARON SHERRITT.
The inquest was resumed before the coroner, Mr W. H. Foster, at the Courthouse,
Beechworth, on Wednesday. The depositions taken on Monday having been read to the
jury.
Ellen Barry (recalled) deposed: When I was outside Byrne placed me between him
and the door. There was no opening behind, except the back door. Persons occupying the
room could not fire through the back door at Byrne. Two shots were fired at the side of
the house. There was no shots fired by the police that I am aware of. When Duross went
into the bedroom after he had heard the shot, it was so that he should not be seen. There
was no shot fired in the other door. I did not notice Dan Kelly firing the shot. As Aaron
went to the door, When he mentioned the sapling, it was simply down as a lark. Did not
hear anyone else about. As far as I know, there were only two persons there. The doors
were open for some time after the outlaws went away. After Byrne fired the first shot, he
told me to go and see if the boards were off. Dan Kelly went round and came back again.
I was talking to Byrne about ten or fifteen minutes. He took me by the arm down to the
end of the house. Weekes came down with us. Dan, at this time, was collecting bushes to
burn down the house. Byrne asked me if we used kerosene, and I said “No, candles.”
Never heard Dan speak. Could not say whether he set fire to the bushes. Weekes was
standing beside me all the time. Byrne told me to bring my daughter out, because I was
frightened of her being burnt. I said “Don’t burn the house whatever you do.” The dog
was barking as if something was about the house. I did not hear anyone talking
afterwards.
To the jury: I did not leave the house until next day. The police came out of the
bedroom during the night. I could not say whether the police went outside. Byrne had a
hat on. I could see Dan Kelly’s face. He had a hat on. The police could not see Byrne
through the calico door. Byrne had a good view of the place inside. The body of the
deceased lay on the floor all night. The police sent a Chinaman to Beechworth at daylight
next morning; but he came back and said he had not time. O’Donoghue promised to go,
but he also came back and said his wife would not let him. A man named Duckett also
promised to go; but we heard nothing more about him. Byrne asked me if Jenny Dickson
was in the room. I said, “I don’t know.” He said, “How many men are there in the room;”
and I said, “Two.” He did not mention policemen. Byrne heard them cocking their guns;
and he called out “Don’t you hear them loading their guns?” Aaron did not open the door
very wide. I think there was more than one fired at Aaron when he was outside the door.
Byrne said “There is a man outside the door who wanted to lag me for stealing a horse
(meaning Weekes); but I don’t want to shoot him.”
Antonio Weekes deposed: I am a market gardener residing at the Woolshed. I
remember Saturday, the 26th. I left my house to go to John Weiner’s. I went to the house,
and saw there was no light, so I turned to go back. His place is close to Sherritt’s. The
time when I returned would be about ten minutes past six. About 100 yards from
Weiner’s, on my return, I met the two bushrangers, Byrne and Kelly. They were both on
horseback. Byrne was leading a spare horse. I think I said, “Good evening.” They did not
reply; and Byrne rode past about five yards, and then came back again. He asked me what
was my name. I said “Weekes, from the Woolshed.” He came close to me and stooped
his head down, and said, “Do you know me?” I said, “No, I don’t.” He said. “I am Joe
Byrne.” I said, “I don’t believe it.” He put his hand back and showed me a revolver, and
said, “Will you believe me now.” He said, “This is Mr Kelly,” and told him to put the
handcuffs on me. Kelly came off and put them on. Byrne did not get off his horse. He
told me not to be frightened; that I had a case against him about a horse, but he forgave
me. He said “You will have to go with us to Sherritt’s place. Don’t be frightened; if you
do what we tell you, we will do you no harm.” They took me with them to Sherritt’s.
Kelly got on his horse again. I was between the two of them. Between Weines and
Sherritt’s we turned off the road into the bush at the right. They got off their horse and
hung them up. Byrne said “You have nothing to do but what I tell you.” Kelly then turned
off on foot, and went down the main road. Byrne then told me I was to go with him, and
knock at the door. He put me in front of Sherritt’s back door, about a yard distant. He told
me to knock, and he was standing close beside me. When they left the horses they took a
rifle or a gun from the horses, I could not say which. He told me to knock, and afterwards
call “Aaron.” He was standing behind me with a rifle, and said if I did not do so as he
told me he would shoot me. I called “Aaron,” and someone called out “Who’s there?”
Byrne then told me to reply, “Weekes,” and to say in reply to the question “What do you
want?” that I had lost myself. Aaron opened the door, and said “Who’s there?” Byrne
shot him immediately, and he fell inside the hut. Am not sure, but think that he fired a
second shot. Saw Aaron fall back into the room. Byrne then looked into the door and saw
Mrs Sherritt and Mrs Barry, and said “That’s the man I wanted.” He asked Mrs Barry to
send the two men out. The women were sitting near the chimney Mrs Barry went out of
the hut and spoke to Byrne, for about half or three-quarters of an hour. Byrne about ten or
twelve minutes afterwards put shots through the bedroom, saying he wanted the men out,
or he would set the house on fire. Saw two shots fired from the front of the house. Byrne
then about twenty minutes afterwards took Mrs Barry and myself away from the door,
taking the handcuffs off me. About 15 minutes after this he sent Mrs Barry into the
house. Heard some persons talking in the bush some distance away from me. This was
after the shots had been fired into the house. Byrne asked Kelly whether he should send
me into the house too. Kelly said “Don’t send him in.” Byrne waited about the house for
some time after; and left me. He said nothing to me. I was standing there in the bush for
about three-quarters of an hour. Hearing no further noise, I left. Do not think they were
near the place then, but did not hear or see them leave. From the time I left Sherritt’s
house till I arrived home was fifteen minutes. I arrived home about half-past nine.
To the jury: I had no chance of sending information to the police. Byrne asked me if
my horse was at home, and I said, “No; I have turned him out.” He then said, “Give no
information to the police.”
An adjournment for an hour here took place.
On resuming, the foreman of the jury said they were quite satisfied as to the cause of
death.
The coroner said there were certain enquiries that were necessary to be made, and
they must do so.
Ellen Sherritt deposed: I am the wife of the late Aaron Sherritt. I remember Saturday,
the 26th inst. I was with my husband at our residence, also four constables and my
mother. A knock came to the back door of my house. Mr Weekes called out “Aaron;” and
Aaron went out laughing, saying “Do you see that tree outside.” My husband asked him
what he wanted. Weekes said he was lost, and asked him to show him the road. My
husband opened the door and saw a man standing besides Weekes, and asked who he
was. Joe Byrne then replied, but I could not tell what it was. At the same moment a shot
was fired. Aaron then backed in the room and Byrne fired a second shot. He staggered a
little and then fell down. He never spoke or moaned at all. I rushed into the room when
the second shot was fired. I remained in the room about two minutes. When I returned I
asked Byrne what made him shoot Aaron. He said if he did not shoot Aaron, then he
would shoot him when he got the chance. Byrne asked who was the man going into the
room. I replied it was a man looking for work. He asked me to go in and bring him out.
Before that he told my mother to open the front door; and when she did, Dan Kelly made
his appearance there. He had a revolver pointed at me when he came to the door. Byrne
then called my mother outside. He was standing behind Weekes at the front of the back
door. He asked me why I did not bring that man out of the room. Byrne then told Kelly
there were windows at the back, and Dan said “All right.” After that Joe Byrne put me
before him, and fired two shots at the house where the men were. He sent me in twice or
thrice for the men inside, and all the while he had Weekes shading him from the ? ?
door. He then whistled to someone at the back and told them there was men in the room.
The ?? as no one came. He heard the sounds of the firearms, and said there was more
than one in the place. My mother went ?side, and Byrne told her he would burn the place
down. He did not set fire to the place, and my mother returned to the house. I remained in
the room the rest of the night. After my husband was shot two hours elapsed before one
of the constables shut the door. Heard someone talking outside two or three hours after
the door was shut. I only saw Byrne and Kelly. I was in the house next morning when Mr
O’Donoghue was sent a letter, asking him to go to Beechworth. O’Donoghue said he
would go away without it. He turned back and then said he would not go. They would
have gone earlier in the morning; but they said, being so few, they were afraid the house
might again be attacked. Constable Armstrong left the hut about ten o’clock. The body of
my husband was removed to the Vine Hotel on Monday. There were no shots fired by the
police. I was in the bedroom afterwards, when my mother was outside. The police in the
bedroom could not have fired at Byrne. If any of them had rushed outside to shoot the
outlaws, they would have shot either my mother or Weekes. It was about half an hour or
three-quarters from the time my husband was shot, before my mother returned to the hut.
Five or six shots were fired, in addition to those that killed my husband. The shots were
almost simultaneous. I only saw one man outside. I have no reason to believe that any
other persons were round the house besides Kelly and Byrne.
To the jury: When it was coming daylight the police went outside to see if they could
see anything. I know it was Dan by his portrait; and Byrne kept calling him “Dan.” There
were no shots fired at the front of the house before my husband’s death.
Henry Armstrong deposed: Am a police constable, and was in charge of the watch
party at Sebastopol. I had three constables and myself engaged in that duty. During the
day we stopped in the hut occupied by the late Aaron Sherritt, and during the night
watched Mrs Byrne’s. We left generally at 8 in the evening, and returned at 3 or 5 in the
morning. I remember Saturday the 26th inst., and was in the bedroom of the late Aaron
Sherritt’s house with two other constables, the other was at his tea. Heard a knock about
half-past six o’clock, and Duross walked into where they were. Our orders were to keep
as quiet as possible, and not to go out during daylight. I heard a voice saying, “Sherritt;
I’ve lost my way.” Mrs Sherritt said, “Go out and show him.” I then heard a shot; and
immediately after another about three seconds intervening. I then said “Take your arms,
my boys, the Kellys are here.” Each of us had a double barrelled shot gun, and revolvers.
I then heard Mrs Barry say “Aaron is shot.” I went to the front windows of the bedroom
to fire out, but could see nothing but darkness. A bullet then passed along by my head. I
found the bullet afterwards. The outer walls were of thick wood. Shots were then fired
both in front and rear, altogether about five. Then heard a voice say, “Come outside, or
I’ll roast you.” We all replied, “We will die first.” Then went to the room door to fire in
the direction I heard some voices, but could not do so, as Mrs Barry and Mrs Sherritt
were in the way. Then said “Boys, can we make port-holes.” We tried, but could not
succeed. I then said, “Men have you any suggestion to make. Our conduct will be
severely commented upon if we don’t make a bold fight. I say we’ll rush them; are you
game to follow.” I asked each man separately, and he replied “Yes.” We then said,
“We’ll wait for a better chance,” thinking they would rush us, as they were the attacking
party, or run out when the fire was extinguished. We remained quiet for a while with that
expectation, till the candle went out. Previous to this Mrs Barry and Mrs Sherritt returned
to the hut. I then closed both doors. We looked out then to fire. Heard voices, but could
see no one. We heard talking at intervals up to about daylight. When it got light another
constable and I went out, but could see nothing. There was a Chinaman passing, and I
wrote a note for him to give to the Beechworth police. I proposed going myself; but it
was decided, as the party was small, not to separate. The Chinaman afterwards came
back, saying he would not go. When he returned, I sent for Mr O’Donoghue, the schoolteacher. Mr O’Donoghue soon came, and said he would deliver the message but was
afraid of being shot. We sent two other messengers, but not hearing anything, I
determined on going myself. I started and met a man with a horse. I took it from him by
force, and rode into Beechworth, arriving after one o’clock. At the time the firing was
going on I heard whistling at the rear of the house. Have reason to suspect that Dan Kelly
and Byrne knew we were there. A brother of Byrne named Patsey, met me on Sunday, on
a grey horse, when I was coming to Beechworth, but when he saw me he stopped.
To the jury: It was about nine o’clock when I heard O’Donoghue return. I did not
start sooner, as we had previously despatched five messengers. The reason we did not
leave at daylight was because we thought it better to remain, in case of reinforcements
coming up. We had no horses at Sebastopol.
Robert Alexander deposed: Have heard the last witness give his evidence, and
corroborate what he has said. Remember Saturday, the 26th inst. I was in Aaron Sherritt’s
house on that day with three other constables, Mrs Sherritt, Mrs Barry, and deceased. I
heard a knock come at the back door. I was in the bedroom. I heard a voice say “I have
lost my way, Mr Sherritt.” Mr Sherritt asked who was there. The person outside said
“Weekes.” Aaron then went to the door. He partly opened the door. I then heard two
shots. Did not see the body fall. There was a shot fired immediately after the body fell.
Three shots were then fired in the bedroom from the back, and one from the front. I heard
the voice at the back tell the one at the front to look out for the window. We were called
upon to go outside by someone, who said, “Come outside, and I’ll shoot you like b——
dogs.” At this time Mrs Barry and Mrs Sherritt were in the bedroom. Two or three hours
after this Constable Armstrong shut the doors. I heard voices outside all the night.
Armstrong and I went outside about daylight the next morning. Five messengers were
sent to Beechworth on Sunday morning.
Constable Armstrong (re-called) stated: The sketch produced was a very good one of
Sherritt’s hut.
The coroner: In this case the facts are so simple that they scarcely require any
comment. The cause of Sherritt’s death was undoubtedly by gunshot wounds inflicted by
Joseph Byrne; and Dan Kelly was doubtless an accessary.
A juror suggested to the coroner that Ned Kelly should be sent for.
The jury found that the said Aaron Sherritt died at Sebastopol, in the colony of
Victoria, on the 26th day of June, 1880, from gunshot wounds inflicted wilfully and with
malice aforethought, by Joseph Byrne; and that Daniel Kelly was an accessory.
——————
Page 4
THE RECENT OUTBREAK OF THE OUTLAWS.
We are indebted to the “Argus” for the following particulars regarding the outbreak
of the outlawed Kelly gang at Glenrowan on Monday last:—
At last the Kelly gang and the police have come within shooting distance, and the
adventure has been one of the most tragic of any in the bushranging annals of the colony.
Most people will say that it is high time, too, for the murders of the police near Mansfield
occurred as long ago as the 26th of October, 1878, the Euroa outrage on the 9th December
of the same year, and the Jerilderie affair on the 8th and 9th of February, 1879. The lapse
of time induced many to believe that the gang was no longer in the colony, but these
sceptics must now be silent. The outlaws demonstrated their presence in a brutally
effective manner by the murder of the unfortunate Aaron Sherritt at Sebastopol.
Immediately on the news being spread, the police were in activity. A special train was
despatched from Melbourne at 10.15 on Sunday night. At Essendon Sub-inspector
O’Connor and his five black trackers were picked up. They had come recently from
Benalla, and were en route for Queensland again. Mr. O’Connor, however, was
fortunately staying with Mrs. O’Connor’s friends at Essendon for a few days before his
departure. Mrs. O’Connor and her sister came along, thinking that they would be able to
pay a visit to Beechworth. After leaving Essendon the train travelled at a great speed, and
before the passengers were aware of any accident having occurred, we had smashed
through a gate about a mile beyond Craigieburn. All we noticed was a crack like a bullet
striking the carriage. The brake of the engine had, however, been torn away, the
footbridge of the carriage shattered, and the lamp on the guard’s van destroyed. Guard
Bell was looking out of the van at the time, and had a very narrow escape. The train had
to be pulled up, but after a few minutes we started again, relying on the brake of the
guard’s van. Benalla was reached at half-past 1 o’clock, and there, Superintendent Hare
with eight troopers and their horses were taken on board. We were now about to enter the
Kelly country, and caution was necessary. As the moon was shining brightly, a man was
tied on upon the front of the engine to keep a look-out for any obstruction of the line. Just
before starting, however, it occurred to the authorities that it would be advisable to send a
pilot engine in advance, and the man on the front of our engine was relieved. A start was
made from Benalla at 2 o’clock, and at 25 minutes to 3, when we were travelling at a
rapid pace, we were stopped by the pilot engine. This stoppage occurred at Playford and
Desoyre’s paddocks, about a mile and a quarter from Glenrowan. A man had met the
pilot and informed the driver that the rails were torn up about a mile and a half beyond
Glenrowan, and that the Kellys were waiting for us near at hand. Superintendent Hare at
once ordered the carriage doors on each side to be unlocked, and his men to be in
readiness. His orders were punctually obeyed, and the lights were extinguished. Mr. Hare
then mounted the pilot engine, along with a constable, and advanced. After some time he
returned, and directions were given for the train to push on. Accordingly, we followed the
pilot up to Glenrowan station, and disembarked.
—————
THE FIRST ENCOUNTER
No sooner were we out of the train, than Constable Bracken, the local policeman,
rushed into our midst, with an amount of excitement which was excusable under the
circumstances, that he had just escaped from the Kellys, and that they were in possession
of Jones’s public-house, about a hundred yards from the station. He called upon the
police to surround the house, and his advice was followed without delay. Superintendent
Hare with his men, and Sub-inspector O’Connor with his black trackers, at once
advanced on the building. They were accompanied by Mr. Rawlins, a volunteer from
Benalla, who did good service. Mr. Hare took the lead, and charged right up to the hotel.
At the station were the reporters of the Melbourne press, Mr. Carrington, of “The
Sketcher,” and two ladies who had accompanied us. The latter behaved with admirable
courage, never betraying a symptom of fear, although bullets were whizzing about the
station and striking the building and train. The first brush was exceedingly hot. The
police and the gang blazed away at each other in the darkness furiously. It lasted for
about a quarter of an hour, and during that time there was nothing but a succession of
flashes and reports, the ringing of the bullets in the air, and the shrieks of women who
had been made prisoners in the hotel. Then there was a lull, but nothing could be seen for
a minute or two in consequence of the smoke. In a few minutes Superintendent Hare
returned to the railway-station with a shattered wrist. The first shot fired by the gang had
passed through his left wrist. He bled profusely from the wound, but Mr. Carrington,
artist of “The Sketcher,” tied up the wound with his handkerchief, and checked the
hemorrhage. Mr. Hare then set out again for the fray, and cheered his men on as well as
he could, but he gradually became so weak from loss of blood that he had reluctantly to
retire, and was soon afterwards conveyed to Benalla by a special engine. The bullet
passed right through his wrist, and it is doubtful if he will ever recover the use of his left
hand. On his departure Sub-inspector O’Connor and Senior-constable Kelly took charge,
and kept pelting away at the outlaws all the morning. Mr. O’Connor took up a position in
a small creek in front of the hotel, and disposed his blackfellows one on each side, and
stuck to this post gallantly throughout the whole encounter. The trackers also stood the
baptism of fire with fortitude, never flinching for one instant.
At about 5 o’clock in the morning, a heart-rendering wail of grief ascended from the
hotel. The voice was easily distinguished as that of Mrs Jones, the landlady. Mrs Jones
was lamenting the fate of her son, who had been shot in the back, as she supposed,
fatally. She came out from the hotel crying bitterly, and wandered into the bush on
several occasions, and nature seemed to echo her grief. She always returned however, to
the hotel, until she succeeded, with the assistance of one of the prisoners, in removing her
wounded boy from the building, and in sending him on to Wangaratta for medical
treatment. The firing continued intermittently, as occasion served, and bullets were
continually heard coursing through the air. Several lodged in the station buildings, and a
few struck the train. By this time the hotel was completely surrounded by the police and
the black trackers, and a vigilant watch of the hotel was kept up during the dark hours.
At daybreak police reinforcements arrived from Benalla, Beechworth, and
Wangaratta. Superintendent Sadlier came from Benalla with nine more men, and
Sergeant Steele, of Wangaratta, with six, thus augmenting the besieging force to about 30
men. Before daylight Senior-constable Kelly found a revolving rifle and a cap laying in
the bush, about 100 yards from the hotel. The rifle was covered with blood, and a pool of
blood lay near it. This was evidently the property of one of the bushrangers, and a
suspicion therefore arose that they had escaped. That these articles not only belonged to
one of the outlaws but to Ned Kelly himself was soon proved. When day was dawning
the women and children who had been made prisoners in the hotel were allowed to
depart. They were, however, challenged individually as they approached the police line,
for it was thought that the outlaws might attempt to escape under some disguise.
——————
CAPTURE OF NED KELLY
At daylight the gang were expected to make a sally out, so as to escape, if possible, to
their native ranges, and the police were consequently on the alert. Close attention was
paid to the hotel, as it was taken for granted that the whole gang were there. To the
surprise of the police, however, they soon found themselves attacked from the rear by a
man dressed in a long grey overcoat and wearing an iron mask. The appearance of the
man presented an anomaly, but a little scrutiny of his appearance and behaviour soon
showed that it was the veritable leader of the gang, Ned Kelly himself. On further
observation it was seen that he was only armed with a revolver. He, however, walked
coolly from tree to tree, and received the fire of the police with the utmost indifference,
returning a shot from his revolver when a good opportunity presented itself. Three men
went for him, viz., Sergeant Steele, of Wangaratta, Senior-constable Kelly, and a railway
guard named Dowsett. The latter, however, was only armed with a revolver. They fired at
him persistently, but to their surprise with no effect. He seemed bullet-proof. It then
occurred to Sergeant Steele that the fellow was encased in mail, and he then aimed at the
outlaw’s legs. His first shot of that kind made Ned stagger, and the second brought him to
the ground with the cry, “I am done—I am done.” Steele rushed up along with Seniorconstable Kelly and others. The outlaw howled like a wild beast brought to bay, and
swore at the police. He was first seized by Steele, and as the officer grappled with him he
fired off another charge from his revolver. This shot was evidently intended for Steele,
but from the smart way in which he secured the murderer the sergeant escaped. Kelly
became quiet, and it was soon found that he had been utterly disabled. He had been shot
in the left foot, left leg, right hand, left arm, and twice in the region of the groin. But no
bullet had penetrated his armour. Having been divested of his armour he was carried
down to the railway station, and placed in a guard’s van. Subsequently he was removed
to the stationmaster’s office, and his wounds were dressed there by Dr. Nicholson, of
Benalla. What statements he made are given below.
————
THE SIEGE CONTINUED
In the meantime the siege was continued without intermission. That the three other
outlaws were still in the house was confirmed by remarks made by Ned, who said they
would fight to the last, and would never give in. The interest and excitement was
consequently heightened. The Kelly gang were at last in the grasp of the police, and their
leader actually captured. The female prisoners who escaped during the morning gave
corroboration of the fact that Dan Kelly, Byrne, and Hart were still in the house. A
rumour got abroad that Byrne was shot when drinking a glass of whisky at the bar of the
hotel about half-past 5 o’clock in the morning, and the report turned out to be true. The
remaining two kept up a steady defence from the rear of the building during the forenoon,
and exposed themselves recklessly to the bullets of the police. They, however, were also
clad in mail, and the shot took no effect.
At 10 o’clock a white flag or handkerchief was held out at the front door, and
immediately afterwards about 30 men, all prisoners, sallied forth holding up their hands.
They escaped whilst Dan Kelly and Hart were defending the back door. The police rallied
up towards them with their arms ready, and called upon them to stand. The crowd did so,
and in obedience to a subsequent order fell prone on the ground. They were passed one
by one, and two of them—brothers, named McAuliffe—were arrested as Kelly
sympathisers. The precaution thus taken was highly necessary, as the remaining outlaws
might have been amongst them. The scene presented, when they were all lying on the
ground, and demonstrating the respectability of their characters, was unique and, in some
degree amusing.
————
THE END.—THE HOTEL BURNT.
The siege was kept up all the forenoon, and till nearly 3 o’clock in the afternoon. Some
time before this, the shooting from the hotel had ceased, and opinions were divided as to
whether Dan Kelly and Hart were reserving their ammunition or were dead. The best part
of the day having elapsed, the police, who were now acting under the direction of
Superintendent Sadlier, determined that a decisive step should be taken. At 10 minutes to
3 o’clock another and the last volley was fired, Senior-constable Charles Johnson, of
Violet Town, ran up to the house with a bundle of straw which (having set fire to) he
placed on the ground at the west side of the building. This was a moment of intense
excitement, and all hearts were relieved when Johnson was seen to regain uninjured the
shelter he had left. All eyes were now fixed on the silent building, and the circle of
besiegers began to close in rapidly on it, some dodging from tree to tree, and many, fully
persuaded that everyone in the hotel must be hors de combat, coming out boldly into the
open. Just at this juncture Mrs. Skillion, sister of the Kellys, attempted to approach the
house from the front. She had on a black riding habit, with red underskirt, and white
Gainsborough hat, and was a prominent object on the scene. Her arrival on the ground
was almost simultaneous with the attempt to fire the building. Her object in trying to
reach the house was apparently to induce the survivors, if any, to come out and surrender.
The police, however, ordered her to stop. She obeyed the order, but very reluctantly, and,
standing still, called out that some of the police were ordering her to go on and others to
stop. She, however, went to where a knot of the beseigers were standing on the west side
of the house. In the meantime the straw, which burned fiercely, had all been consumed,
and at first doubts were entertained as to whether Senior-constable Johnson’s exploit had
been successful. Not very many minutes elapsed, however, before smoke was seen
coming out of the roof, and flames were discerned through the front window on the
western side. A light westerly wind was blowing at the time, and this carried the flames
from the straw underneath the wall and into the house, and as the building was lined with
calico, the fire spread rapidly. Still no sign of life appeared in the building.
When the house was seen to be fairly on fire, Father Gibney, who had previously
started for it, but had been stopped by the police, walked up to the front door and entered
it. By this time the patience of the besiegers was exhausted, and they all, regardless of
shelter, rushed to the building. Father Gibney, at much personal risk from the flames,
hurried into a room to the left, and there saw two bodies lying side by side on their backs.
He touched them, and found life extinct in each. These were the bodies of Dan. Kelly and
Hart, and the rev. gentleman expressed the opinion, based on their position, that they
must have killed one another. Whether they killed one another or whether both or one
committed suicide, of whether both being mortally wounded by the besiegers, they
determined to die side by side, will never be known. The priest had barely time to feel
their bodies before the fire forced him to make a speedy exit from the room, and the
flames had then made such rapid progress on the western side of the house that the few
people who followed close on the rev. gentleman’s heels dared not attempt to rescue the
two bodies. It may be here stated that, after the house had been burned down, the two
bodies were removed from the embers. They presented a horrible spectacle, nothing but
the trunk and skull being left, and these almost burnt to a cinder. Their armour was found
near them. About the remains there was apparently nothing to lead to positive
identification, but the discovery of the armour near them and other circumstances render
it impossible to be doubted that they were those of Dan Kelly and Steve Hart. The latter
was a much smaller man than the younger Kelly, and this difference in size was
noticeable in their remains. Constable Dwyer, by-the-bye, who, followed Father Gibney
into the hotel, states that he was near enough to the bodies to recognise Dan Kelly.
As to Byrne’s body it was found in the entrance to the bar-room, which was on the
east side of the house, and there was time to remove it from the building, but not before
the right side was slightly scorched. This body likewise presented a dreadful appearance.
It looked as if it had been ill-nourished. The thin face was black with smoke, and the
arms were bent at right angles at the elbows, the stiffened joints below the elbow standing
erect. The body was quite stiff, and its appearance and the position in which it was found
corroborated the statement that Byrne died early yesterday morning. He is said to have
received the fatal wound, which was in the groin, while drinking a glass of whisky at the
bar. He had a ring on his right hand which had belonged to Constable Scanlan, who was
murdered by the gang on the Wombat Ranges. The body was dressed in a blue sac coat,
tweed striped trousers, Crimean shirt, and very ill-fitting boots. Like Ned Kelly, Byrne
wore a bushy beard.
In the outhouse or kitchen immediately behind the main building the old man, Martin
Cherry, who was one of the prisoners of the gang, and who was so severely wounded that
he could not leave the house when the other prisoners left, was found still living, but in
articulo mortis from a wound in the groin. He was promptly removed to a short distance
from the burning hotel and laid on the ground, when Father Gibney administered to him
the last sacrament. Cherry was insensible, and barely alive. He had evidently suffered
much during the day, and death released him from his sufferings within half an hour from
the time when he was removed from the hotel. It was fortunate that he was not burned
alive. Cherry, who was unmarried, was an old resident of the district and was employed
as a platelayer, and resided about a mile from Glenrowan. He was born at Limerick,
Ireland, and was 60 years old. He is said by all who knew him to have been a quiet,
harmless old man, and much regret is expressed at his death. He seems to have been shot
by the attacking force, of course unintentionally.
While the house was burning some explosions were heard inside. These were
alarming at first, but it was soon ascertained that they were cartridges burning. Several
gun barrels were found in the debris, and also the burnt carcase of a dog which had been
shot during the mêlée. All that was left standing of the hotel was the lamp-post and the
sign-board bearing the following device, which, in view of the carnage that had just been
perpetrated within the walls of the hostelry, read strangely—
THE GLENROWAN INN
————
ANN JONES
————
BEST ACCOMODATION
In a small yard at the rear of the buildings four of the outlaws horses, which had been
purposely fired at early in the day, were found and were killed at once, to put them out of
their agony. They were poor scrubbers. Two of them were shod. The police captured
Byrne’s horse, a fine animal.
About the same time that Mrs. Skillion appeared on the scene, Kate Kelly and another
of her sisters were also noticed, as were likewise Wild Wright and his brother Tom, and
Dick Hart, brother of one of the dead outlaws. Mrs. Skillion seemed to appreciate the
position most keenly, her younger sisters appearing at times rather unconcerned. Dick
Hart, who was Steve Hart’s senior, walked about very coolly.
————
INTERVIEW WITH NED KELLY
After the house had been burned, Ned Kelly’s three sisters and Tom Wright were
allowed an interview with him. Tom Wright as well as the sisters kissed the wounded
man, and a brief conversation ensued, Ned Kelly having to a certain extent recovered
from the exhaustion consequent on his wounds. At times his eyes were quite bright, and,
although he was of course excessively weak, his remarkably powerful physique enabled
him to talk rather freely. During the interview he stated:—“I was at last surrounded by
the police, and only had a revolver, with which I fired four shots. But it was no good. I
had half a mind to shoot myself. I loaded my rifle, but could not hold it after I was
wounded. I had plenty of ammunition, but it was no good to me. I got shot in the arm,
and told Byrne and Dan so. I could have got off, but when I saw them all pounding away,
I told Dan I would see it over, and wait until morning.”
“What on earth induced you to go to the hotel?” inquired a spectator.
“We could not do it anywhere else,” replied Kelly, eyeing the spectators who were
strangers to him suspiciously. “I would,” he continued, “have fought them in the train, or
else upset it if I had the chance. I didn’t care a —— who was in it, but I knew on Sunday
morning there would be no usual passengers. I first tackled the line, and could not pull it
up, and then came to Glenrowan station.”
“Since the Jerilderie affair,” remarked a spectator, “we thought you had gone to
Queensland.”
“It would not do for everyone to think the same way,” was Kelly’s reply. “If I were
once right again,” he continued, “I would go to the barracks, and shoot every one of the
—— traps, and not give one a chance.”
Mrs. Skillion (to her brother).—“It’s a wonder you did not get behind a tree.”
Ned Kelly.—“I had a chance at several policemen during the night, but declined to fire.
My arm was broken the first fire. I got away into the bush, and found my mare, and could
have rushed away, but wanted to see the thing out, and remained in the bush.”
A sad scene ensued when Wild Wright led Mrs. Skillion to the horrible object which
was all that remained of her brother Dan. She bent over it, raised a dirge-like cry, and
wept bitterly. Dick Hart applied for the body of his brother, but was told he could not
have it until after the post-mortem examination. The inquest on the bodies will be held at
Benalla.
Michael Reardon, aged 18 years, was shot through the shoulder, but it is apparently
only a flesh wound. The boy Jones was dangerously shot in the thigh. Both have been
sent to the Wangaratta Hospital.
A cannon was brought up as far as Seymour, but as the burning of Jones’s Hotel had
proved successful, it was countermanded.
————
THE ATTEMPT ON THE TRAIN.
According to Ned Kelly, the gang after shooting Sherritt at Sebastopol, rode openly
through the streets of Beechworth, and then came on to Glenrowan for the purpose of
wrecking any special police train which might be sent after them, in the hope of
destroying the blacktrackers. They descended on Glenrowan at about three o’clock on
Sunday morning, and rousing up all the inhabitants of the township bailed them up.
Feeling unable to lift the rails themselves, they compelled the line-repairers of the district
and others to do so. The spot selected was on the first turning after reaching Glenrowan,
at a culvert and on an incline. One rail was raised on each side, and the sleepers were
removed. The diabolical object in view was the destruction of the special train. Having
performed this fiendish piece of work Kelly returned to the township, and, bailing all the
people up, kept them prisoners in the station-masters house and Jones’s hotel. By 3
o’clock on Monday morning they gathered all their captives into the hotel, and the
number of those unfortunate people amounted to at one time to 47, as already stated. The
police then arrived, and the prisoners escaped at intervals during the night.
The first attack of the police was a brilliant affair. They approached the house
quickly, but stealthily. Their arrival, however, was expected, and they were met with a
volley from the verandah of the hotel. Special trains were run during the morning
between Glenrowan and Benalla, and Mrs. O’Connor and her sister―who may justly be
called the heroines of the day, for they behaved bravely―were taken on by one of them
to Benalla in the forenoon. Ned Kelly after being secured quieted down, and became
absolutely tame. He is very reserved as to anything connected with his comrades, but
answered questions freely when his individual case was alone concerned. He appeared to
be suffering from a severe shock and exhaustion, and trembled in every limb. Now and
again he fainted, but restoratives brought him around, and in his stronger moments he
made the following statements:―
NED KELLYS’S STATEMENTS.
“I was going down to meet the special train with some of my mates, and intended to
rake it with shot; but it arrived before I expected, and I then returned to the hotel. I
expected the train would go on, and I had the rails pulled up so that these ——
blacktrackers might be settled. I do not say what brought me to Glenrowan, but it seems
much. Anyhow I could have got away last night, for I got into the bush with my grey
mare, and lay there all night. But I wanted to see the thing end. In the first volley the
police fired I was wounded on the left foot; soon afterwards I was shot through the left
arm. I got these wounds in front of the house. I do not care what people say about
Sergeant Kennedy’s death. I have made my statement of the affair, and if the public don’t
believe me I can’t help it; but I am satisfied it is not true that Scanlan was shot kneeling.
He never got off his horse. I fired three or four shots from the front of Jones’s hotel, but
who I was firing at I do not know. I simply fired where I saw police. I escaped to the
bush, and remained there overnight. I could have shot several constables if I liked. Two
passed close to me. I could have shot them before they could shoot. I was a good distance
away at one time, but came back. Why don’t the police use bullets instead of duck-shot? I
have got one charge of duck-shot in my leg. One policeman who was firing at me was a
splendid shot, but I do not know his name. I daresay I would have done well to have
ridden away on my grey mare. The bullets that struck my armour felt like blows from a
man’s fist. I wanted to fire into the carriages, but the police started on to us too quickly. I
expected the police to come.” Inspector Sadleir.—“You wanted, then, to kill the people in
the train?” Kelly.—“Yes, of course I did; God help them, but they would have got shot
all the same. Would they not have tried to kill me?”
————
THE BULLET-PROOF ARMOUR.
When the first attack subsided, the outlaws were heard calling, “Come on you ——;
the —— police can’t do us any harm.” The armour in which each member of the gang
was clad was of a most substantial character. It was made of iron a quarter of an inch
thick, and consisted of a long breast-plate, shoulder-plates, back-guard, and helmet. The
helmet resembled a nail can without a crown, and a long slit at the elevation of the eyes
to look through. All these articles are believed to have been made by two men, one living
near Greta, and the other near Oxley. The iron was procured by the larceny of plough
shares, and larcenies of this kind having been rather frequent of late in the Kelly district,
the police had begun to suspect that the gang were preparing for action. Ned Kelly’s
armour alone weighed 97lb., a considerable weight to carry on horseback. There are five
bullet marks on the helmet, three on the breast-plate, nine on the back-plate, and one on
the shoulder-plate. His wounds, so far as at present known, are:—Two on the right arm,
several on the right leg, one on the left foot, one on the right hand, and two near the
groin.
————
THE STATIONMASTERS NARRATIVE.
John Stanistreet, the stationmaster at Glenrowan, states:―”About three o’clock on
Sunday morning a knock came to my door. I live at the gatehouse, within 100 yards of
the station, on the Melbourne side. I jumped out of bed, and thinking it was someone
wishing to get through the gates in a hurry, I proceeded to dress, and after getting half my
clothes on I went to the door. Just as I arrived at the door it was burst in. Previous to that,
there was some impertinent talk outside to get me to open quickly. When the door was
burst in I asked, ‘Who are you; what is this for?’ The answer was, ‘I am Ned Kelly.’ I
saw a man clad in an overcoat, who walked in with me to my bedroom. Mrs. Stanistreet
and the children were there in bed. There were two little girls and one infant. Ned Kelly
said to me, ‘You have to come with me and take up the rails.’ I replied, ‘Wait until I
dress;’ and I completed my dress, and followed him out of the house on the railway line. I
found seven or eight men standing at the gate looking over the line near Mrs. Jones’s
Glenrowan Inn. Ned Kelly, speaking to me, said, ‘Now you direct those men how to raise
some of the rails, as we expect a special train very soon.’ I objected, saying, ‘I know
nothing about lifting rails off the line. The only persons that understand it are the
repairers, and they live outside and on the line.’ Ned went on alone to Reardon the
platelayers house, which stands about a quarter of a mile along the line southward. I and
the other men were left in charge of Steve Hart. Ned Kelly went on to Reardon’s house;
Steve Hart gave me a prod with his gun in the side, and said, ‘You get the tools out that
are necessary to raise those rails.’ I replied, ‘I have not the key of the chest.’ He said,
‘We’ll break the lock,’ and he got one of the men to do so. They took all the tools out of
the chest, which lay in a back shed or toolhouse between the station and the crossing.
Soon afterwards Ned and two of the repairers, Reardon and Sullivan, arrived. Ned,
accompanied by these two men, proceeded down the line towards Wangaratta. We stood
with Hart in the cold at the hut for about two hours. At last Ned Kelly and the repairer
returned. Ned inquired about the signalling on the line―how I stopped trains with the
signal lamps. I told him white is right and red wrong, and green generally ‘come along.’
He then said, ‘There is a special train coming, and you will give no signal.’ Then,
speaking to Hart, he said, ‘Watch his countenance, and if he gives any signal shoot him.’
He marched us into my house, and left us under the charge of Steve Hart. Subsequently
other persons were made prisoners and lodged in my house to the number of about 17.
They were the Reardon family, the Ryan family, Tom Cameron, son of a gatekeeper on
the line, and others whom I don’t remember. We were locked up all day on Sunday, but
we were allowed out under surveillance. The women were allowed to go to Jones’s Hotel
about dark, all the men but myself and family went to the hotel soon afterwards. Steve
Hart remained with us all night. During the night Dan Kelly relieved Hart, and he was
afterwards relieved by Byrne. Just before the special train arrived this morning I was
ordered by Hart, who was on and off duty throughout the night, to follow him over to
Jones’s, and not to signal the train. I went into the back kitchen, and found there Mrs
Jones, with her daughter about 14, and two younger children. There was also a man there
named Neil McKean. By this time the train had arrived, and firing was going on
furiously, and we all took shelter about the chimney. The house is a mere shell of a
structure. The gang disappeared from me when the firing commenced. A bullet passed
right through the kitchen, and grazed the temple of Jane Jones, aged 14, daughter of the
landlord. She exclaimed, ‘I am shot,’ and as she turned to me I saw her head bleeding,
and told her it was nothing serious. Poor Mrs. Jones commenced to cry bitterly. I left the
kitchen and went into the back yard, and passed the gang there. They were standing
together at the kitchen chimney. I cannot say whether there were three or four of them.
One of them said, ‘If you go out you will be shot.’ I walked straight to my house. Firing
was going on, but I was uninjured. Of course I was challenged as I passed through. I
omitted to state that on Sunday night Steve Hart demanded my revolver from me, and I
had to give it up.”
————
ROBERT GIBBONS NARRATIVE.
Robert Gibbons, farmer, living at present with Mr. Reynolds, states:―“I came to the
railway station with Mr. Reynolds’s brother at about 8 o’clock on Sunday night to bring
Mr. Reynolds’ little boy home. He had gone to Sunday-school, and we could not
understand what was detaining him. We called at the stationmaster’s house, and Mrs.
Stanistreet informed us that Mr Hart was inside, and that they had been stuck up since 3
o’clock that morning. We went and saw Steve Hart, who presented his firearms, and told
us we had to remain there. We had been there about two hours when Ned Kelly came.
Hart then ordered us all to come outside. Ned told us we would all have to go with him to
the police station. We went, and he kept us there about two hours. He left us for a time,
and returned after about an hour and a half with the constable. Byrne was in charge of us
during Ned’s absence. Ned told Mr. Reynolds’ brother and myself to return with him to
Jones’s Hotel. We went with him, and he put us all in the sitting-room. We remained
there from 10 o’clock on Sunday night until 3 o’clock this (Monday) morning. During
that time we went from one room to another, but were not allowed to go outside. Byrne
was in charge of the back door, and the front one was locked. Ned and Dan Kelly were
walking about the house quite jolly. Hart was at the stationmaster’s house until about 3
o’clock. The bushrangers were drinking and making themselves quite jolly. At about 3 on
Monday morning Ned Kelly came into the sitting-room, and told us we were not to
whisper a word of anything that was said there, or seen about him. ‘If I hear any one
doing so,’ he said, ‘I will shoot him.’ He went to the door of the room and said, ‘Here she
comes,’ evidently thinking that the train was about to be wrecked. With that they seemed
to me to be making preparations. The gang went out to the back for a few minutes, and on
coming back they proclaimed that the first man who left the house would be shot. Two of
the gang mounted their horses and rode away. I saw through the window. They returned
in about ten minutes. I saw two, one of them being Dan Kelly, go into a small room. They
came out soon afterwards fully armed, and prepared for a fight. Then the other two did
the same. Not long after that the police arrived, when the firing commenced. There must
have been 40 men, women, and children prisoners in the house at this time. There was a
great shrieking of the women and children. Mrs. Jones’s eldest daughter (about 14) got
shot in the side of the head, and her eldest boy was shot in the thigh. We all lay down on
the floor for safety, as the bullets were rattling on the house. We were packed so close
that he had to lie on our sides, and lay in that position until we came out about 10
o’clock. Those next the door led the way, and we were prompted to leave by hearing the
police, as we thought, giving the gang their last warning. We feared, in fact, that the
firing would be commenced again heavier than ever. We did not see any of the gang
when we left, as they were in the back room. We were not maltreated in any way.”
——————
No. 4731
Saturday, July 3, 1880.
Page 4
TELEGRAPHIC DESPATCHES.
——————
VICTORIA.
——————
(FROM OUR OWN CORRESPONDENTS.)
——————
Little further with regard to the Kellys, of a reliable nature, has been received,
although sensational accounts continue to appear; but, substantially, the affair is worked
out.
The Government will do nothing regarding Ned Kelly (whose health is improving)
until the elections are over.
The finding of an infernal machine at Glenrowan, made by the Kellys for blowing up
certain premises which had been marked for destruction, has been reported.
——————
THE WOOLSHED MURDER.―The first intimation of the recent Woolshed outrage given in
Melbourne was by Messrs W. L. Zincke and J. Lang, of Beechworth. At 5 o’clock on
Sunday afternoon, Mr Zincke (who was sitting with Mr Lang in the Albion Hotel)
received a telegram from Mr G. W. Crooke, informing him of the affair. Mr Cleland, the
well-known host of the Albion, immediately posted the telegram in the bar. As the news
spread, the hotel was crowded with eager enquiries; and the “Argus” reporter seeing Mr
Lang at the Royal Mail Hotel, and heard the men say, immediately proceeded to the
Albion, and interviewed Mr Zincke. Mr Zincke courteously afforded every information in
his power. Mr Crooke’s telegram was the only public news received in Melbourne till the
newspapers appeared on Monday morning.
——————
THE ILLUSTRATED AUSTRALIAN NEWS.—The “Australian News” for July is to hand. It
contains a variety of sketches and portraits having reference to the late tragedy at
Glenrowan, where three of the Kelly gang met their fate, and their leader, Ned Kelly, was
captured. The illustrations include the Murder of Sherritt, from a sketch taken on the spot
shortly after the bushrangers left the scene of the outrage; Capture of Ned Kelly; the
Attack upon Jones’s Hotel; the Death of Byrne, and the Arrival of Ned Kelly in
Melbourne; together with portraits of Sherritt, Kate Kelly, Superintendent Hare and Ned
Kelly.
——————
AN UNFORTUNATE TAILOR.—We have just been told a rather ludicrous story about an
unfortunate knight of the needle, on the tramp, being stuck up last Saturday forenoon by
the notorious Kelly gang. When journeying between Winton and Wangaratta, he went up
to what he imagined was a party of carriers, camping out. There was a large fire, and the
men around the fire were laughing and chaffing each other. He asked them for some
food, as he had been out of work for some time, and was not in a position to buy any until
he could get employment. One of the party said they were sorry they could not
accommodate him at present, for they were short themselves. However, the one that had
most to say said “You go to the tanks which you see in the distance, where some people
reside, and they will give it to you.” The tailor went as directed, but he was not long on
his way when a man, who turns out to have been the leader, Ned Kelly, rode after him,
and asked him where he had come from. The tailor said that was none of the
interrogator’s business. The bushranger said he would d—— soon show him that it was
his business, and produced a revolver. The tailor said that he had come from Benalla, and
that he was a tailor, looking after work. Ned Kelly said he did not look like a tailor, and
that he was more like a detective. The tailor proved his bona fide, by producing a thimble
and some needles. The outlaw told him to turn round and put his coat up, and said, “I see
you have no firearms; it is only a pannikin you have below your coat, but you must come
with me,” and the tailor was placed in Jones’s hotel. Being hungry, he asked for some
bread and butter, but the members of the gang said they had nothing to give in the way of
food; however, he could have a nobble if he had the money to pay for it. At about the
time the train arrived Ned Kelly said, “Now, you people, you must all lay on your backs
to save your selves; for the b——y traps have come, and you will see some hot work
soon.”
THE LATE MARTIN CHERRY.—Some startling intelligence concerning the death of
Martin Cherry, one of the unfortunate victims at Glenrowan, is supplied by the “Age”
special reporter at Benalla. He states that, from information obtained from Superintendent
Sadleir, he learns that Cherry was not shot by the police, as was supposed, but was
deliberately murdered by Ned Kelly. After Kelly was wounded by the first volley from
the police, he re-entered the hotel raging like a wild beast, and ordered Cherry, who was
standing in the parlour, to pull aside the blinds, in order that he might fire at the police.
Cherry, fearing to be shot by the police fire, refused, and Kelly, turning upon him, shot
him. Statements to this effect were made by three of those who were confined in the
building. This matter is one which should be thoroughly investigated.
——————
BYRNE IN EFFIGY.—An addition has been made to the chamber of horrors at the
Melbourne Waxworks; the figure of the outlaw Joe Byrne, a cast of whose head was
taken by Mr Kreitmayer, the proprietor of the Waxworks having been added to the
collection of notorious outlaws.
——————
PHOTOGRAPHIC.—Mr J. E. Bray, photographer artist, of Camp-street, Beechworth has
at present on view, and for sale shortly, some well-executed photographs of scenes in
connection with the recent Kelly tragedy at Glenrowan.
——————
THE AUSTRALASIAN SKETCHER.—An unusually excellent number of this Melbourne
illustrated periodical has been presented this month, and its contents will be scanned with
avidity; as apart from a number of well-executed woodcuts are given scenes, drawn by
Mr T. Carrington, the artist, on the spot, in connection with the recent startling tragedy at
Glenrowan.
——————
THE FUNERAL OF HART AND KELLY.—We notice that some of our Melbourne
contemporaries have indulged in sensational writing about the recent proceedings at
Greta. It is stated by the leading journal that “all the Kelly sympathisers had made
themselves intoxicated at the wake, and were bouncing about armed, and threatened to
attack the police.” We have it on the best authority that such is not the case. The remains
of the bushrangers were taken to Mrs Skillion’s, the sister of the Kellys, who lives nine
miles from the Greta Cemetery, on the road to Winton, in a very humble dwelling,
miserably furnished. When the wake was held, the greatest propriety and decorum was
observed. There were refreshments, but those present partook of them sparingly. No one
there indulged freely; in fact, their conduct was respectful—no one present conducting
himself better than “Wild” Wright, as he is called. At night, for want of accommodation
in the hut, those present, numbering about thirty, betook themselves outside, when they
lay on sacks until dawn of day. In the forenoon large numbers of persons arrived on
horseback from all parts of the district, the most of them with bundles on their arms, these
contained their Sunday suits of clothes; and they nearly one and all retired to a creek near
the hut, where they conducted their toilet, and changed their garments. The funeral
services were conducted by Mr Michael Bryan, farmer, Greta, and rate-collector for the
Oxley Shire Council. No less than eighty horsemen and eight vehicles accompanied the
remains to the cemetery.
——————
Page 8.
AN OPINION OF THE ELECTIONS IN THESE DISTRICTS.—The Melbourne correspondent of
the “Geelong Advertiser” on Wednesday writes:—The excitement created by the capture
of the Kellys has almost put out of view the political situation. Nevertheless, politicians
are working steadily, but so far there are not many fresh nominations for seats agreed
upon. Mr Zincke, the solicitor, is almost certain to go for the Ovens, and will be the most
formidable opponent Mr Billson could possibly have. He is personally liked much, and
has such a strong following from people who have business relations with him that he is
sure of considerable support. The fact of his being the solicitor of the Kellys and their
sympathisers seems in that district to be in his favor, for to my thinking the regard openly
expressed for the gang is more than lip deep. Yesterday, both at Glenrowan and Benalla,
and even in the train, it was impossible to express a disparaging sentiment regarding them
unless the auditory of it had been previously carefully selected, and from well-dressed
people in good positions you could hear such intimations of feeling as “I would give
£500 if Ned were to die before he gets to Melbourne,” and “I pray God Ned may never be
hanged.” Mr Bolton is likely to be opposed by Mr P. Hanna, but though public feeling
speaks loudly, I believe the utter impossibility of getting over the district in time before
the election will destroy his chance, as it will that of the other new men. In the
metropolitan constituencies there is not much new to report.
——————
No. 4732
Tuesday, July 6,1880.
Page 2
IS NED KELLY TO BE TRIED IN THE NORTHERN BAILIWICK?
It seems that the authorities in Melbourne are in some doubt as to whether the surviving
bushranger, KELLY, should be tried in the metropolis or in the northern bailiwick. It is
difficult to conceive how any questions on such a subject can possibly exist. The
circumstances are, doubtless, of an extraordinary and quite exceptional character, and it
was wise that the outlaw should in the first instance be taken to Melbourne, both for
security and in order that he should have the best possible medical attendance; but that he
should be tried there is a very different matter. Granted that did the ordinary reasons for
changing the venue of the trial of a great criminal—such as the danger of a popular
outbreak or the fear that an unbiased jury could not be obtained—exist in this case, then
KELLY ought to be tried in Melbourne; but no such reasons exist. On the contrary, not
only do these causes not exist, but there are unanswerable arguments in favor of his being
tried as near as possible to the scene of his crimes, where his character was best known,
and, above all, where he met with an amount of sympathy which enabled him for nearly
two years to set at defiance the whole powers of the police force, backed by an unlimited
supply of money. We presume that the Government are too well informed to believe that
the sympathisers will be utterly crushed by the downfal of the KELLY gang. They may be
stunned and terrified for a time; but, that feeling will pass away, and they are quite
numerous and desperate enough, if not kept well in check, to keep up a system of warfare
not perhaps so audacious as that of the KELLY gang, but quite as troublesome. Those who
are not familiar with the district in which the KELLYS have been enabled to shelter
themselves during their depredations have no idea of the feelings which prevail there.
Where the settlers were not actually in sympathy with the bushrangers they were so
cowed by their threats that scarcely one of them dared to open his mouth in respect to
what they either witnessed or heard of the movements of the gang. They were not merely
afraid of the bandits themselves, but each one dreaded his neighbor. Nor is it any wonder
that so abject a terror existed; because in that wild region isolated settlers were absolutely
at the mercy of evil-disposed persons. It was not merely that their lives were in danger
from the ruffians themselves, but their houses, their cattle, their fences, their crops, might
at any time be destroyed, and the owners brought to ruin. There were men among them so
impressed by the dangers that threatened them, that, although naturally on the side of the
law, they even feared to mention the name of the KELLYS in ordinary conversation. They
had constant opportunities of witnessing what the public must, after the late transaction,
be well convinced to be true, that the gang had numberless channels of information of all
that was done, said, or written about them; and, in fact, no man was safe either to give
information or express an opinion hostile to the KELLYS. What we desire to point out is,
that this feeling remains to a great extent still, and will continue to do so until the more
active sympathisers are marked, weeded out, or crushed into respect for the law. For a
time, no doubt, and until KELLY’S fate is decided, no active demonstration may be made.
Any attempt at rescue would be entirely out of the question, and the bad ones who
remain, are not generally of the calibre to undertake such enterprise. But not a few
amongst them are equal to an act of incendiarism or taking up a rail; and even now the
police must be incessant in their vigilance to prevent such dastardly acts. So deeply de we
feel impressed with this, that we would strongly advise that on the meeting of Parliament
an act should be passed making the taking up a rail or otherwise interfering with a
railway line, so as to endanger life, a hanging matter, even should the intended
catastrophe be prevented. But there should certainly be no sign of weakness on the part of
the authorities at this moment and the trying of KELLY in Melbourne, not to speak of the
great public inconvenience it would cause, would be a sign of weakness. KELLY,
therefore, should be tried on the spot, in the midst of the scene of his murders, and of his
long reign of immunity, and his trial should be by special commission as soon as ever he
can be removed. It should also be surrounded by all the solemnities which would invest
such a trial with the whole force and majesty of the law. We would strongly advocate that
such an act as we have above indicated should be a portion of the political programme of
the Attorney General and of Mr Zincke, during the election campaign now commenced,
as it is terrible to think that there are men amongst us who would not hesitate in the
presence of any punishment, which might under the present law be inflicted on them, to
produce so frightened a calamity as would be occasioned by overturning a train. The
nearer the trial is held to the haunts and the sympathisers of the KELLYS, the more such
men will be appalled by the fate which awaits them. They are all pretty well known to the
police, and on the slightest sign of their recommencing their departure by which that
district has been distinguished for years past, such repressive measures should be taken as
would, strike terror into their hearts. The affair of the trial now lies in the hands of Mr
Kerford who is well aware that the feeling we have described as existing in the KELLY
district is no freak of imagination. Mr KERFORD, therefore, ought, we think, at once take
such steps as would render the taking place of the trial in this bailiwick beyond question.
Such representations as would ensure this result should be brought to bear upon the
Attorney-General during his present visit to this district.
——————
REMAND OF NED KELLY.
MELBOURNE, Monday.
Mr C. A. Smyth, Crown Solicitor, appeared this morning at the police court for the
purpose of asking for the formal remand of Ned Kelly, the bushranger, who stands
charged with a series of murders and other atrocious outrages. Prisoner, owing to the
wounds received at Glenrowan, was unable to attend; necessitating several remands
before the case is gone into. The principal charge was the murder of Sergeant Kennedy
and Constables Scanlan and Lonigan at Stringybark Creek, near Mansfield. There were,
besides, various charges for bank robberies, the murder of Aaron Sherritt at the Woolshed
and resistance of the police at Glenrowan; together with a long catalogue of minor
charges, which are more formidable than has been ever before brought against a criminal
in this colony. It is proposed to assign counsel for the defence, in case Kelly’s friends
decline to do so. The magistrate, after a brief statement, consented to a remand.
——————
The feeling is becoming general that the police were greatly to blame in connection
with the attack on Jones’s hotel, at Glenrowan. It is expected the Government will
appoint a Royal Commission to institute an inquiry into the matter, together with the
consideration of the general organization of the police force.
A communication has been forwarded to the Government of New South Wales for the
purpose of arranging the reward for the capture of the Kelly gang.
——————
OXLEY MEMS.—Our correspondent writing on Friday says:—The Kelly tragedy has
occupied the tongues and minds of most persons with whom I have conversed, to the
exclusion of election or other matters. Even in this district there are many sympathisers of
the gang and its adherents. This is, especially the case amongst the more emotional sex.
Many of these openly express their pleasure, that the b—— police had not the
satisfaction of shooting either Steve Hart or Dan Kelly. No doubt a ballad will be made,
in which the heroes will be immortalized as having embraced one the other, and shot each
his bosom friend, rather than fall into the hands of the administrators of the law. Jonathan
and David, Damon and Pythias, and others celebrated for their friendship and selfsacrifice, will fade into insignificance in comparison with the outlaws’ love and heroism.
This is a sad feeling to recognise amongst the rising generation. The feeling of relief from
the incubus of the Kelly scare is appreciated by the peaceful, loving, and thoughtful men
in the neighborhood. Nevertheless while speaking of the undoubted pluck displayed in
the onset upon the gang in the public-house at Glenrowan, many regret that some
strategy, and less bull-headedness had not been displayed in firing, with arms of precision
and great penetrating power, into a building of timber and calico, which was known to be
occupied by some thirty men, women and children, bailed up by the bloodthirsty
marauders, who were in the house. The event is over. Jove, himself, cannot recall the
past; and it is useless to think of what might have been, had the house been watched until
the innocent had been allowed to retire, ere volleys from rifles had been fired into the
premises. The wonder is, that so few were killed or wounded. The two persons who
showed judgment and presence of mind were the schoolmaster and Constable Bracken;
under great excitement. Had a house on the borders of Indian territory, into which, for
protection, the men, women and children of the district had retired, been attacked by
Indians, what an outcry there would have been against the firing for hours into the house.
Now, as nineteen centuries ago, we can all of us murderous redskins; had they continued
perceive the mote in the eyes of our adversaries, and, alas, cannot see the beam in our
own! A very bad impression has been caused here amongst the peaceable and amongst
the upholders of law and police, by the action of those in authority in giving up the bodies
of Hart and Dan Kelly to their relatives. The intension to hold the inquest afterwards; and
then the difficulty of protecting a magistrate while holding the enquiry, causing the
withdrawal of the order for its holding, has had a very bad effect indeed. Many loudly
boast that the Government was afraid to send police into the Greta district after the
waking of the bodies. This feeling will encourage young desperadoes to imitate the
actions of those whose evil deeds have cut them off in the hey-day of youth, but whose
funeral rites will be long remembered when their miserable ending has faded into
oblivion. Enough of this subject; which is one that I would not have alluded to, did I not
consider that publicity should be given to feelings I have heard widely and loudly
disseminated. The floods in the creeks and rivers are high. On Thursday night frost was
prevalent till past midnight. Since 3 a.m. showers of sleet have fallen until 5 a.m., this
(Friday) morning. On all the hills around us, even on those bordering on Meadow Creek,
snow fell; while sleet and rain fell upon the plains. The roads in this neighbourhood are
heavy, and little travelling takes place. Now, 9.45; the sun shines brightly—the clouds are
lifting, but still some heavy masses lie near the horizon, indicating that more rain is in
store for us. If so, the residents in the low lands will retire before the rising waters, and
reside amongst their friends whose homesteads are built upon more elevated ground, until
the waters again subside within their banks.
——————
NED KELLY FURTHER REMANDED.
The case of Edward Kelly, the outlaw, came on again for hearing in the police court today. Mr C. A. Smyth, Crown Prosecutor, asked for a remand, which the Bench granted,
as Kelly was not well enough to attend court.
——————
Mrs Jones, whose hotel was the scene of the late bushranging tragedy at Glenrowan,
has forwarded an application to the Government for compensation for the destruction of
her hotel and the death of her child, who was shot by the police. The amount claimed is
over £1000. The matter has not yet been considered by the Government.
The outlaw Edward Kelly is quiet and respectful in demeanour. His wounds are
rapidly healing, and his recovery is now a question of time.
——————
THE KELLY TRAGEDY.
————
PHOTOGRAPHIC VIEWS
Of all the most important incidents
connected with the siege and capture of the
Kellys, taken during the time of action, will
shortly be
ON SALE
AT
J. E. BRAY’S
PHOTOGRAPHIC ROOMS
CAMP STREET, BEECHWORTH.
——————
ORIGINAL CORRESPONDENCE.
———
THE LATE INQUEST ON AARON SHERRITT DECEASED.
To the Editor of the Ovens and Murray Advertiser.
Sir.—The “Argus,” “Age” and the “Australian” state that at the conclusion of the
above inquest the foreman of the jury (Mr Patrick Allen) stated that eleven of the
jurymen were in favor of adding a rider to the effect that the police did all that could be
expected under the circumstances. If Mr Allen made the above statement, he simply told
an untruth. I am perfectly sure that eight-twelfths of the jury were, and still are, under the
impression that the four constables did all they could under the circumstances to protect
themselves.—I am, Sir, yours, &c.,
W. NEWSON,
One of the Jury.
Beechworth, July 5th, 1880.
——————
No. 4733
Thursday, July 8,1880.
THE KELLYS.—Mrs Skillion, Kate Kelly and James Kelly went to the Melbourne Gaol
on Wednesday last and requested permission to see Ned Kelly, which was at once refused
by Mr Castieau, the governor. Owing to the crowd that assembled outside, it was found
necessary to call in the aid of the police to disperse them.
THE GLENROWAN TRAGEDY.—The Chief Secretary (Mr Ramsay), has suggested that
Sir Charles MacMahon and Mr Murray Smith should be appointed to opportion the
Government reward for the capture of the Kelly gang, and that New South Wales should
appoint the other member.
——————
No. 4734
Friday, July 9,1880.
DEAR MR EDITOR.―I suppose, like every one else, it will be necessary to say something
about the siege of Glenrowan, which took place last Monday week. Although the band
was but a small one (at least the recognised one), their deaths were somewhat different;
one was shot, two were cremated, and it is not the cause of much conjecture what the fate
of the fourth will be. It is, however, a great pity, and much to be regretted, that four
young men should have taken the course they did, just as they were verging into
manhood. They would—if their attention had been turned in the proper channel in their
boyhood—have become respectable members of society; but the die was cast; the tide in
the affairs of man, which Stratford William wrote about, has been verified in the case of
the four misguided young men, who caused such a consternation throughout the colonies
at the commencement of last week. It is not the role of your humble servant to kick a man
when he is down, but let the deeds that they have done be buried with them; at the same
time, may they act as a warning to others not to follow in the same path, but to shun bad
company.
——————
No. 4735
Saturday, July 10,1880.
Page 1.
A NEW HANGMAN.—Upjohn, a Ballarat fowl stealer, has been transferred to the
Melbourne gaol. It is understood that Gately having cleared out to Sydney, will be
succeeded in the post of hangman by this robber of hen-roosts. His first client in that case
will, of course, be the murderer, Kelly. Such is fame; to defy the whole police force of
the colony for twenty long months, and be finished by a miserable chicken-stealer.
——————
IN THE BUSH.
“I am but a snapper-up of unconsidered trifles.
—SHAKESPEARE.
“It never rains but it pours.” I have been wishing for some momentous event to break
the dull monotony of life, and am suddenly presented with two. First, the extermination
of the Kelly gang, and next, another general election. As to the first, there is little doubt
that all honest men will rejoice at the extinction of a a lawless crew, who were a reproach
to our civilization. I do not think our colonial youth will be encouraged by the result to
emulate their prowess. After all, when they come to reckon up the debtor and creditor
sides, and strike the balance, they must come to the conclusion that “the game is not
worth the candle.” On the one side, they may reckon an unrestrained life, some thousands
pilfered from the banks, and the admiration of congenial spirits at their spurious bravery;
on the other, banishment from civilised society, a few months of anxious existence,
hiding in the wilderness, in constant fear of betrayal, and at the end hunted down and shot
like wild beasts. The prospect is not enlivening. I must confess; when I heard of the gang
being trapped, I felt rejoiced, “and my internal spirit cut a caper.” Let us not, however,
indulge in too much jubilation over the end of these unhappy youths. Three of them have
expiated their crimes with a terrible end, and their leader will probably soon follow them,
and so “Good night to Marmion.”
——————
THE STATE OF THE FINANCES.—
DEFICIENCY OF £650,000.
I told you immediately after I had taken office that the finances of the country were in
a very unsatisfactory condition, and I refer to the matter now to show you that we cannot
with impunity continue to neglect practical matters in order to deal with the theoretical
questions which have been absorbing our attention for so long. This attempt at reform has
put us much in the position of the Jews, who in building the walls of Jerusalem, had to
work with the sword in one hand and the trowel in the other. To show you the depth into
which we are plunging, and the absolute necessity that we should come to some
settlement on this reform question, I will briefly allude to our financial condition. When
last before you I said as to the four months to run of the financial year, there would be a
net deficiency of at least a quarter of a million of money, after allowing for all the lapsed
votes, which vary from £100,000 to £300,000 per annum. I believed at the time that the
deficiency would be a good deal more, but I wanted to err on the safe side. I did not want
to make a statement. I should have to retract afterwards. What is the present condition of
the finances? The finances for the year were made up this morning, and the actual
deficiency on the finance statement of the 30th June is £650,000. (Sensation, and cries of
“Shame.”) When Mr Berry won office he found in the Treasury £206,000 lying ready for
use. He had at his credit that sum to begin his Administration with. At the end of the first
year that balance was reduced to £77,000. At the end of the following year he had no
credit balance at all; but, on the contrary, he was indebted to the extent of £135,000, and
at the end of this year his indebtedness now stands at £650,000. No country could go on
in that way.
A Voice.—Hang him.
Another Voice.—Some of the money was for catching the Kellys.
Mr Service.—He did not catch the Kellys. Here is the gentleman who caught the
Kellys, Mr Ramsay; but the amount paid by Mr Berry for his attempts to catch the Kellys
was so infinitessimal as not to be worth talking about in connection with the deficit.
An Elector,—They tried to catch Stevenson.
Mr Service.—Stevenson! No money was spent by Mr Berry over that. He had not the
honor of making that attempt. He dealt with minor cattle—the Kellys to wit. “We are
entitled to a little credit for catching the Kellys. Had it not been for Mr Ramsay—had it
not been for his pertinacity and personal determination—that special train of Sunday
would not have gone until Monday, and the Kellys would have been safe once more in
their fastnesses. Mr Ramsay ordered the train to go on Sunday, would not allow it to
remain until Monday, and that alone was how the Kellys came to be caught. Mr Berry
commenced with £206,600 to the good, and ended with £650,000 to the bad. Thus, in the
course of three years he has actually allowed the finances of the country to become
£850,000 worse than they were when he started. An attempt will be made to show that a
large part of the deficiency is caused by the falling off in the land revenue. There has
been a falling off of £270,000 during the past year, but it is the business of a Treasurer to
foresee these things to some extent. At least, if he does not foresee them, the only result
is, that he lands himself and the country in a pretty mess; such as we are in now. I ask
whether we are to enter upon a new set of proposals, which may be altered next week, or,
on the other hand, whether the country is to rally round the Government, pass this bill,
and settle the question during the year? (Cheers, and cries of “Pass it through at once.”) I
came up to Maldon to ask you to sanction this as a seasonable and proper compromise,
and I now submit it to the country with the confident assurance that it will be passed.
(Loud cheers.)
——————
Page 4.
DR DOBBYN’S PROTEST.—In answer to Dr Dobbyn’s protest against a paragraph which
appeared in one of our recent leading articles stating that “it was wise that Ned Kelly, the
surviving outlaw, should, in the first instance, be taken to Melbourne, both for security
and in order that he should have the best medical attendance,” the writer desires us to
say, on his behalf: He had no intention whatever to convey by the last words the meaning
attached to them by Dr Dobbyn. On the contrary, the expression was so shaped as not to
bear the sense of the best medical advice. If, however, the words are capable of that
interpretation, no one regrets it more than the writer, who holds the members of the
Beechworth medical profession in the highest estimation, personally and professionally.
As to Dr Mousse, if he also considered that the words were intended to be read as Dr
Dobbyn reads them, he will at once dismiss that idea from his mind on learning that the
writer in addition to other reasons for gratitude, owes life itself to Dr. Mousee a
professional skill.
The writer, therefore; trusts that his explanation and apology will be accepted by Dr
Dobbyn and there medical gentleman of Beechworth—as they are offered in full.
——————
THE DESTRUCTION OF THE KELLY GANG.
The modus operandi adopted by the police in connexion with the unearthing and
destruction of the Kelly gang is now the subject of a considerable amount of adverse
criticism. There is no doubt that an inquiry into the whole business would be highly
desirable, so that the facts might be clearly known and the authorities placed in a better
position for dealing in the future with bushrangers. A reorganisation of the police force
for the better control of the North-eastern district―to effect, in short, its subjugation to
law and order, because that is really what has to be faced―is, indeed, imperatively
necessary, and this, would be greatly assisted by a searching inquiry. The questions
which arise at present, however, are, were the police justified in firing into the inn at
Glenrowan when innocent persons were within its walls, and did they act properly in
burning the building? In view of an inquiry these points may be regarded as to some
extent sub judice, and it is therefore not intended to discuss them in this article; but as
condemnatory letters have been written on the subject, the following remarks may be
permitted, in fairness to the police and their officers. In the first place, then, it may be
premised that the police in their efforts to capture the outlaws were heavily handicapped.
The character of the country alone made their task a very difficult one, but in addition to
that there were more persons actively engaged in keeping the gang concealed than there
were policemen in pursuit. No one could have any idea of the number of the Kelly
sympathisers without paying a visit to the district. Moreover, so powerful had the
prestige of the gang become that the law-abiding and respectable residents of the district
were, as a rule, more inclined to bear the displeasure of the police and of the public
generally by keeping their mouths closed, than run the risk of offending the gang by
giving the police any assistance. Notwithstanding this the police had latterly, and more
immediately under Mr. Nicolson’s direction, prosecuted the search for the outlaws so
vigorously and systematically, and were running them so hot a chase, that it was
confidently expected by those who were behind the scenes that the gang would be run
down during the next three weeks. Policemen in plain clothes were sent out secretly in all
directions, sometimes singly, and sometimes in twos and threes, with instructions to leave
no stone unturned in their peregrinations. In this way some constables, and particularly
Constable Falkner, did some daring and effective service. The gang eventually felt that
things were becoming too uncomfortable, and determined upon perpetrating a deed which
would strike terror into the hearts of all who might be inclined to give information to the
police. They could not, however, do this without having the black trackers on their trail
very soon afterwards, and they therefore planned that their destruction should follow the
murder of Sherritt. It may be here mentioned that Sherritt was once a friend of the gang,
and that his relatives are believed to be sympathisers. Through him the police once
offered Byrne a pardon, or at least safety from the gallows, if he would turn Queen’s
evidence. The offer was conveyed by Sherritt to Mrs. Byrne, who communicated it to her
son, but the latter, it may be presumed, was never able to take advantage of it. But this is
by the way. The gang were in the manner indicated above indirectly but truly driven out
of their fastnesses by the tactics of the police. With regard, now, to the conduct of the
police at Glenrowan, they at all events showed no lack of courage. When the special train
was stopped by Mr. Curnow, Superintendent Hare was given to understand that the line
had been torn up a short distance ahead, and that the gang were waiting for it in ambush.
Mr. Hare thereupon determined to reconnoitre, so that the whole party might not fall into
the trap. He therefore mounted the pilot engine with a constable, and advanced as far as
the railway station. Seeing that the horses could be disembarked there, he returned and
took the train on. When the horses were being taken out, Constable Bracken rushed into
the midst of the party and exclaimed, “The Kellys are in Jones’s Hotel; surround them,
surround them.” He also mentioned that there were many prisoners with them. “Come
along, lads, at once,” said Mr. Hare, and he led the way. The men followed with alacrity,
and when they were deploying on each side in front of the house a volley was fired on
them from the verandah. The police, in the impulse of the moment, fired back upon the
figures on the verandah, and as long as they could get a glimpse of the bushrangers the
firing was kept up warmly. This, however, only continued for a few minutes, and the
excitement of the moment having passed, the police appeared to be more guarded in
firing. Mr. Hare, having been wounded in the first brush, returned to the platform to have
his wound bandaged, and then went back into the field, but had soon to return again
through sheer weakness, caused by great loss of blood. When he was taken to Benalla for
surgical treatment Senior-constable Kelly was understood to be left in charge, and he
stationed the men in two’s all round the building. During the morning he kept passing
from pair to pair, supplying ammunition where it was required and seeing all was right.
On Mr. Stanistreet’s escape more particular information was received as to the prisoners.
The firing on the part of the police was then materially decreased. Most of the shots were
aimed at the roof of the building as could be seen by the direction of the flashes; but as
the police were informed that the prisoners were all lying on the floor they fired at the
moving figures of men when these were seen. It was fully expected that, in the darkness,
the bushrangers would attempt to escape either by slinking away or coming out in the
disguise of prisoners. When, therefore, persons did come out in the darkness shots were
fired in the air to warn them back, and when they persisted they were challenged and
examined before they were allowed to pass the lines. The boy Reardon was the only one
shot at, and he was evidently mistaken for one of the outlaws. When the reinforcement
arrived from Benalla Superintendent Sadleir took charge of the siege, and orders were
given to always fire as high as a man’s breast. The mysterious appearance of Ned Kelly
in the morning, and his ability to defy the bullets of the Martini-Henry rifle was enough
to try the courage of any man, but the men who fought him never flinched. Then came
the escape of the remaining prisoners, which was a very ticklish piece of business to
manage, as there was every likelihood that the remaining bushrangers would endeavour
to take some advantage of the opportunity, but it was satisfactorily accomplished. With
regard to the burning of the house, the police had no certain information that Dan Kelly
and Hart were dead. Indeed, several of the prisoners stated that when they left they saw
the two standing alive in the passage. The question then arises would Mr. Sadlier have
been justified in rushing the hut at the risk of losing several of his men when another
course was open? Time was wearing on apace, and the police would have been blamed
had they given the two outlaws supposed to be still alive the chance of another night for
escaping. The building was therefore fired, and it was fully expected that the outlaws
would thereby be compelled to come out and surrender. Steps were taken to rescue the
wounded man Cherry, and as it happened, the outlaws had already met their fate.
Whether it was judicious or not to give the friends the cinders which remained is a matter
that is no doubt open to question, but to have afterwards attempted to secure them again
by force would in all probability have led to more bloodshed.
On Saturday Superintendent Chomley, with the five black trackers he has engaged in
Queensland to replace Mr. O’Connor’s “boys”, arrived in Benalla. They are to be
permanently stationed there for tracking purposes. There names are Sergeant Jim Crow,
Corporal Billy the nut, and Constables Peter Walsh, Paddy Brown, and Monkey Brown.
All of them are fine-looking young fellows, and they are sorry they have been too late
for the Kellys, as according to Sergeant Jim Crow, they would have liked “to see im
fun.”—“Argus.”
——————
No. 4735
Tuesday, July 13,1880.
Page 1.
NED KELLY FURTHER REMANDED.
The case of Edward Kelly, the outlaw, came on again for hearing in the police court
to-day. Mr C. A. Smyth, Crown Prosecutor, asked for remand, which the Bench granted,
as Kelly was not well enough to attend court.
——————
Mrs Jones, whose hotel was the scene of the late bushranging tragedy at Glenrowan,
has forwarded an application to the Government for compensation for the destruction of
her hotel and the death of her child, who was shot by the police. The amount claimed is
over £1000. The matter has not yet been considered by the Government.
The outlaw Edward Kelly is quiet and respectful in demeanor. His wounds are rapidly
healing, and his recovery is now a question of time.
——————
THE BLACK-TRACKERS.—Lieutenant O’Connor and the black-trackers attached to the
Queens and police force, who have been so well known here in connection with the Kelly
bushranging episode, left for Sydney on Saturday by the s.s. Wotonga.
——————
No. 4735
Wednesday, July 14,1880.
Page 1.
THE KELLYS.—It is stated (says the “Argus”) by a gentleman just returned from the
country recently infested by the Kelly gang that in conversation with members of the
Kelly family he learned that last Christmas Day the whole of them, including the gang,
sat down to dinner together, and he was assured that the police knew of the gathering;
that the party was not molested, and that they had not the slightest fear of being interfered
with. He also mentions, from information given by members of the Kelly family who
ought to know, that there is no truth in the statement that the Kellys took to bushranging
in consequence of any rudeness on the part of any member of the police force to one of
the members of the Kelly family.
——————
No. 4736
Thursday, July 15,1880.
Page 2.
THE POLICE AT GLENROWAN.
It was only to be expected that, when the excitement occasioned by the marvellous
incidents of Glenrowan episode had somewhat subsided, a reaction of some kind should
take place. The sudden lifting from the public mind of the weight which was imposed on
it by the long existence of such blood-thirsty gang was followed by a recoil like that of a
much strained spring swiftly set free. It was simply according to human nature that such
should take place. It is especially the character of Britons that, while we are for ever
pluming ourselves on our capabilities for arduous enterprise and seldom fail in making
good our boast, we invariable reach that consummation through a sea of mistakes and
disasters. The public then, to use a familiar phrase, “take it out” of the powers that be by
abusing them not only for misfortunes which have arisen through their shortcomings, but
for not having been prepared for contingencies which could not possibly have been
foreseen. For instance the state of things which culminated the other day in the bloody
gap of Glenrowan has been the growth of years, during which the public in the teeth of
incontrovertible evidence were constantly demanding reduction in the general
expenditure. It is true that this and other localities in the colony were anxiously claiming
increased police protection, but the whole people were crying out for retrenchment. For
years we have heard it said that there were too many police, but no one can have been
better aware than the Chief Commissioner—long before the shooting of Constable
FITZPATRICK, before the BAUMGARTEN cases, and even before the desperate affray between
Constable HALL and the man who lies wounded awaiting his fate—that there was in the
nest of felonry around Greta a young brood of vultures, growing up who would at no
distant day be on the wing. Captain STANDISH did, by establishing one or two isolated
police stations, do what was in his power to repress the evil; but to master it would have
required that region to be regularly “garrisoned.” For our own part, from what we knew
of the district and from its own internal evidence, we never for a moment doubted the
substantial correctness of Constable FITZPATRICK’S extraordinary story. In spite of public
opinion NED KELLY himself admits that the whole statement was absolutely true. Granted
that since the Mansfield murders, Captain STANDISH has had unlimited means at his
disposal, the difficulties had then assumed such proportions that they were not to be
overcome by simply marching into the disaffected country. Not only was the ground
exceedingly intricate, but crime had become organised, and sympathy with the criminals
almost universal. Whatever measure of success, therefore, the police have now achieved,
it is entirely due to themselves, independent of any aid derived from sources on which
they were entitled to depend. They have taken twenty months to accomplish it, but they
had to contend with a grievance which had been accumulating for twenty years. No one
who does not know the KELLY country can have any conception of the facilities it offers
to evaders of the law, and no adequate idea can be formed by strangers of the number, the
capacity and the fidelity of their friends. More-over, wherever the inhabitants were not
influenced by relationship of blood, marriage or crime, they were controlled by terror.
This, however, is a portion of the subject with which the Government has still to deal.
Another impediment in the way of the police was that the press generally, especially the
metropolitan portion of it, were insatiable in their thirst for news of the outlaws. Failing
that they reported every item of information they could ferret out as to the movements of
the police. Where their scouts failed them, the KELLYS had only to consult the newspapers.
And now the papers have joined the great mass of the public in attacking the police as to
the Glenrowan affair. Little they knew that at the very moment they were lately
upbraiding the police for their apathy and idleness, that the toils which Mr N ICHOLSON had
been gathering round the miscreants for the last six months were at last closing in, so that
NED KELLY himself has confessed that the gang were so harassed as to be weary of their
lives. Captain STANDISH has very properly demanded, on behalf of the police, a full
enquiry into the whole search; but although we are confident the force will come out
scathless, much of what was done to bring the outlaws finally to bay must, from the very
nature of the circumstances, never be made known. Many persons, and some public
writers, now go so far as to declare that nothing is due to the police for their conduct at
Glenrowan, except reprobation and contempt. Mr HARE is openly accused of temerity in
his first rush, and of cowards in retreating from the field, although severely wounded.
What can one say to such accusations? Every man must regret that any innocent persons,
especially women or children, were killed or wounded during the encounter; but the
conclusions drawn by the critics have been arrived at with a present knowledge of facts
so strange, no unprecedented, and almost so inconceivable, that a writer of fiction could
only have ventured on them with a wonderful faith in the credulity of his readers. The
indictment against the police is a heavy one. It is also rather volumnous and
contradictory; but we may select from it two main counts, and examine on what evidence
they are founded. The first is, that they unnecessarily and knowingly fired volley after
volley into a house containing innocent persons; the second that they set fire to the
building instead of storming it. We have in a previous article dealt with the latter
accusation. Suffice it to say now, that miscreants who had torn up a rail, not knowing or
caring whom or how many they would slay and mangle; who had imprisoned a number
of men, women and children in a wooden shell, which they knew must assaulted; who
had massacred the comrades of the attacking party in a brutal manner; who had the night
before assassinated an unarmed man in cold blood, and who were so particularly careful
of their own skins as to fight in armour—such wretches deserved no more consideration
than wild beasts, and were certainly not worth the less of another human life. Firing into
the house is another matter. But the party under Superintendent HARE knew nothing of the
inmates, except that they were outlaws, and probably sympathisers; and even they did not
fire till they accepted a volley. Each contingent as it arrived, and took ground for a time,
labored under the same ignorance; and, in fact, after the first few rounds, there were were
no regular volleys fired until the people escaped. When it became known that so many
unfortunates were really boxed in, and also that they were all lying down, the order was
given to fire breast high—much, no doubt, to the amusement of the armored bandits—
and also only to fire at anyone moving, and this order was, we believe, faithfully obeyed.
Indeed, all the wounds were inflicted in the first or second fire; and providentially BYRNE
was shot dead, and NED KELLY wounded about the same time, or more blood would
unquestionably have been shed. But let us put the most extreme case in favor of the
critics, and let us suppose that the whole thirty police were on the spot at daylight, and
that a general assault was then determined on. Can anyone imagine, without a shudder,
the slaughter that must have ensued amongst the unhappy prisoners, before the armored
outlaws could have been mastered? Because, it must be remembered, that in such an
onset the attacking party must have used their firearms, as we do not believe that three
amongst them had any sidearms. We leave out of the question how many police must
have been knocked over, as it is their business to risk their lives. As to storming the house
after the people were out, what would that avail? The remaining outlaws, dead or alive,
were then in hand. By firing the place they would be either compelled to come out, if
able; or to call for quarter, if wounded. What matter if their dead bodies were burned?
NED KELLY said they would never surrender; although, he also said, they were too
cowardly to shoot themselves. Our own opinion on that point is that NED KELLY did not
wish them to be taken alive. They knew too much about the banks spoils, and concerning
certain friends. Dreadful as it is to think that two innocent people were killed—although
it is now asserted that CHERRY was shot by NED KELLY—we cannot but think it was a great
mercy that such an assault did not take place. It may be said with our after knowledge
that the house should have been simply surrounded until the people dribbled out, and that
the police should have stood to be fired at whenever they had occasion to show
themselves, without returning a shot. That would be too much to expect even from
veteran troops in a bush fight. There never was a fight but that some brave fellow—who
wasn’t there—could have fought it better. But what is all this fault-finding about? Did
any man, black or white, flinch from his duty? Or was there any really reckless
destruction of life? In fact, we think that on a fair review of the whole of the
circumstances, it must be admitted that of all the marvels of that day of surprises—of that
day which set in with such thought of slaughter and such preparations for a feast of
blood, with its chances of death amongst police, prisoners and spectators—the greatest
marvel of all was that so few people, besides the outlaws themselves, were shot.
——————
Ned Kelly is sufficiently recovered to appear at the police court next Monday.
——————
THE KELLY SCARE.—A gentleman residing at Jerilderie, writing to a friend in
Geelong, mentioned a scare which happened at the former township just prior to the late
chapter in the Kelly tragedy, and which has not yet found its way into print. Some boys
passing by the bank there heard a dog barking loudly, and a voice exclaim “I’m bailed
up.” They took up the cry, which was passed from lip to lip, and the intelligence was
immediately conveyed to the police that the bank was being stuck up by the Kellys. The
guardiana of the police seized all the available arms, and proceeded with dispatch to the
bank expecting an encounter with the outlaws. An entrance was very cautiously effected,
and the manager whom they expected to find under the surveillance of the desperadoes,
and with revolvers menacing his life, was surprised at a game of chess with a friend,
having no more dangerous an antagonist than his opponent’s king which threatened a
checkmate. Explanations, of course, followed, from which it appeared that the friend had
been bailed up by the watch-dog; and the troopers, after partaking of some little
refreshments, departed, in no way regretted that what had been reported as a serious bank
robbery had such a harmless termination.
Mr H. E. CHESHIRE.—During the late memorable encounter with the Kelly gang at
Glenrowan it will be recollected that important service was rendered by Mr H. E.
Cheshire, of the Telegraph department, and in charge of the Beechworth office, in
establishing direct telegraphic communication between Glenrowan and Melbourne. The
Postmaster-General has signified his approval of the steps taken by Mr Cheshire to
ensure communication with Melbourne under the trying and unusual circumstances, and
it is understood by the “Argus” that the commendable conduct of Mr Cheshire will be
brought under the notice of the Cabinet.
——————
No. 4737
Saturday, July 17, 1880.
Page 1.
KELLY MANIA.
Is still raging here, having been largely pandered to by the illustrated papers. It is
admitted that Mr Carrington’s drawings in the “Australian Sketcher” are the best; next
comes the “Sydney News,” after that the “Mail.” The latter journal stole a march on its
rival, the “Town and Country” by coming out early on Thursday, a day in advance of its
usual publication. The “Evening News” was furious, and came out with a paragraph
attacking the “Mail” for sensationalism, of which it is itself always skilled. Mr Henniker
Heaton says it is the smartest paragraph he ever wrote. I think it very weak, but then Mr
H.’s strongest work is—but I will not be libelous. Some people say the newspapers have
pandered to a depraved taste by the prominence they have given to this affair; but after
all, it has been part of the history of Australia, a continuation of the story of the felony of
New South Wales. But the Sydney journals delight in criticising the conduct of the
Victorian police, and the most unfair and scandalous charges were made against that
body and the Chief Commissioner, Captain Standish. For instance the “Sydney Morning
Herald” to-day contains a statement that last Christmas day the outlaws all dined together
at the house of Byrne’s mother; that the police knew and did not interfere. Now, I have
no hesitation in branding this as a lie, on the face of it, and no respectable journal would
publish such a libel.
——————
THE LATE WOMBAT SHOOTING AFFAIR—The “Mansfield Guardian” writes:—The
editor of this paper, with a view to elucidating the mystery in connection with the
celebrated case of the shooting at Edward Monk, near the Wombat, telegraphed to a
gentleman in Melbourne as follows:—“Go and see Ned Kelly, and ask him: ‘Did you, or
any of your mates, shoot at, or endeavour to kill, Edward Monk, of the Wombat
sawmills?’” The following reply has been received:—“Melbourne, 3rd July, 1880. This is
the earliest opportunity I have replying to yours. Ned Kelly makes this statement to me,
and I believe it: ‘Monk was never shot by me, or any of the others who were with me. In
fact, Monk and I were good friends, though I had not seen him for many years. None of
us ever had any reason whatsoever that I know of to do so.’” How, in the race of Mr
Ramsay’s refusal to grant permits to see Kelly in gaol, “the gentleman in Melbourne”
was enabled to communicate with Ned Kelly is not stated.
——————
AN UNFOUNDED RUMOUR.—About ten o’clock last Saturday night considerable
consternation was caused in Wangaratta by a rumour being circulated that Mr C. Rawlins
of Lake Rowan had been shot in his buggy. It would seem (says the “Dispatch”) that the
mail boy who carries the mail to the railway station in passing through Sandy Creek was
asked if he had heard that Mr Rawlins had been shot. On the mail boy reaching Taminick
station he was asked by a man employed at the Taminick station if he had heard that Mr
Rawlins was shot. He replied that he had not. When the boy reached the railway station
he told his tale to the station master, who repeated it to Mr Sub-Inspector Baber, who was
on his way to Beechworth. Mr Baber caused the information to be given to Sergeant
Steele, who at once telegraphed to Benalla, at the same time stating that he considered the
matter as being doubtful. The investigation which took place on Sunday last (Constables
Dixon and Moore being despatched from Wangaratta) proved that the whole affair was
incorrect. Mr Rawlins was in Melbourne and, it is said, pushing his claims to secure
consideration on the part of the Government for the part he took in the Glenrowan fight;
on the ground that he would have to dispose of his property at Lake Rowan, as it would
be unsafe for him to remain there any longer.
——————
No. 4738
Tuesday, July 20, 1880.
Page 2.
GLENROWAN.—Constable R. Glenny, recently stationed at Beechworth, is now in
charge of the police-station at Glenrowan. He has four men under him, but matters in the
Greta district are very quiet. Constable Bracken, who was formerly in charge at
Glenrowan, is now at the depot in Richmond.
THE KELLY GANG IN A NEW CHARACTER.—A somewhat strange account of the
meanness of the Kelly gang, which, if true, shows the wretches were not above robbing a
poor man, was given by a man named Charles Brown, who applied for aid at the
Immigrants’ Home, Melbourne, on Friday, says the “Telegraph.” Brown stated that he
had recently been employed on a station, and was on his way to Melbourne, and not
liking to travel on the Sabbath day, he stayed at Jones’s hotel, Glenrowan, on the same
Sunday as the Kelly gang stuck up that place. He further stated that he was taken prisoner
by the gang, and was robbed by one of the bushrangers of £4 10s, which he intended to
go to Sydney with. Brown, who was accompanied by his wife, appeared to be a hardworking, respectable man, and sought relief principally for his wife. He was afforded
temporary relief. It appears incredible that Brown, if what he states be true, did not at the
time report the matter to the police.
——————
NED KELLY’S MARE.—The handsome mare in possession of Ned Kelly at the time of
the Glenrowan tragedy was trucked to Melbourne by the 9 o’clock train from Benalla on
Monday morning. We believe she has been purchased for the sum of £100 by Mr Geo.
Coppin, of the Theatre Royal, who intends making use of her for theatrical purposes. She
was sold by Mr Ryan, of Lake Rowan, from whom, it is said, she was stolen by the
outlaws, who have been heard speaking on terms of praise concerning her good qualities.
——————
No. 4740
July 24, 1880.
Page 1
There is no wonder the Kellys were not caught sooner, for there was evidently a deal
of jealousy existing among the officers of the Police Department. Superintendent Hare
has had his innings, and now Mr Nicolson is going to have a turn. When his letter is
published, it will, no doubt, enlighten the public as to the reason the Kelly gang were not
caught sooner. All the cry has been about the police not doing their duty; but the
subordinates have evidently been trammelled, even according to the statements made by
the officers. There is, however, something plucky in Mr Sadleirs report. He distinctly
states, that his men wanted to rush the shanty at Glenrowan; but he had forbade them,
because he thought more lives would be lost, and that he was anxious to avoid. So the
croakers who have been talking about the cowardice of the police ought to be silenced.
The onus is now upon the shoulders of Mr Sadleir, and he is well able to bear it. He has
exonerated his men from the charge laid against them; and so the matter ends. When Mr
Hare took charge of the district, he had carte blanche to do as he pleased; but after being
disabled, the command fell upon Mr Sadleir who put an end to the reign of terror.
——————
MR CURNOWS STATEMENTS.
The Chief Commissioner of police has received the following report from Mr
Curnow, late schoolmaster at Glenrowan, of his proceedings in connexion with the Kelly
gang:—
““On Sunday morning, 27th June, at about 11 o’clock, Mrs. Curnow, my sister,
brother-in-law, and myself were out for a drive, when, in passing through Stanistreet’s
railway gates, we were bailed up by an armed man on horseback, who turned out to be
Ned Kelly, the outlaw. Another armed man was behind him, and I was told that he was
Byrne. After a while Ned Kelly gave directions for the horse and buggy to be taken into
Mrs. Jones’s yard. Mrs. and Miss Curnow went into Mrs. Stanistreet’s, and my brotherin-law and I stayed at the gates, taking part in the conversation going on there. We had
not been bailed up many minutes before I was informed by Mr. Stanistreet that the
outlaws had caused part of the railway line to be torn up, with the purpose of wrecking a
special train which they expected would pass through Glenrowan. Some one―I forget
who―also told me that the gang had been at Beechworth during the night before, and had
shot several police. I doubted this, but afterwards ascertained from Dan Kelly that they
had actually been in the vicinity of Beechworth, and had done ‘some shooting.’ The gang
afterwards told me―in fact, they made no secret of it―that they had caused a part of the
line to be torn up at a dangerous part beyond the station, in order to wreck a special train
of inspectors, police, and blacktrackers, which would pass through Glenrowan for
Beechworth, to take up the ‘Kelly’ trail from there. They stated that they would shoot
down all those who escaped death from the wrecked train, and that if any civilians were
in the train, they would share the same fate, as they had no business accompanying the
police. The outlaws affirmed that they were justified in doing this. On hearing their
intentions I determined that if I could by any means whatever baulk their designs, and
prevent such a sacrifice of human life, I would do so. This purpose governed the whole of
my sayings and doings while I was with the outlaws. On reflection I thought it best to
inspire them with confidence in my sympathising heartily with them, and, if I could do
this, I thought that they would allow me enough liberty to be able to do something to
frustrate their intentions. In the early part of the afternoon the outlaws proposed a dance,
and came and asked me to join in it. I objected on the ground of having on nailed boots,
when the thought flashed through my mind that if I could induce Ned Kelly to
accompany me to the school for a pair of dancing boots, on the journey there in passing
the police barracks, Bracken, the trooper stationed there, might see him and give the
alarm. I felt sure that as Bracken had been stationed at Greta he would know him. So I
said to Ned Kelly, after being pressed to dance, that I would do so with pleasure if he
would accompany me to my home for a pair of dancing boots. He agreed quite readily to
go with me, and we were getting ready when Dan Kelly interfered, and said that Ned had
better stay behind and let him or Byrne accompany me. Some one else also urged Ned
Kelly to stay back, and said that the house was near the police barracks. Ned turned and
asked me if it was, and I replied, ‘Yes; we shall have to pass the barracks. I had forgotten
that.’ He then said that we would not go, and I consented to dance with Dan. Shortly after
Ned declared that he would go down, and bring Bracken and Reynolds, the postmaster,
up to Jones’s. I laughed, and told him that I would rather than a hundred pounds that he
would do so, and asked to be allowed to go with him. He gave me no reply then. I had
ascertained from Mr. Stanistreet that his revolver was still in his possession, and to gain
the consent of the outlaws to my going home and taking my wife, child, and sister with
me, and thus being at liberty to make a dash for Benalla, I told the gang in strict
confidence that Mr. Stanistreet possessed a loaded revolver from the Railway department,
and that though I knew he would not use it against them, someone else might get it and
do them an injury. I advised them to demand it of him at once, and I believe they did.
With the same object in view, and after hearing Ned Kelly solemnly assert to Mrs. Jones
and others that he would not shoot Constable Bracken, I told him that he had better take
Dave Mortimer, my brother-in-law, with him to call Bracken out, as the trooper knew his
voice well, and would suspect nothing. I also kept warning them to keep a sharp look out
for enemies, and did my utmost to ingratiate myself with them. On obtaining a suitable
opportunity I asked Ned Kelly again would he allow me to take Mrs. Curnow, the baby,
and my sister home when he went for Bracken, and I assured him that he had no cause for
fearing me, as I was with him heart and soul. He then said that he knew that and could
see it, and he acceded to my request. I think it was about 10 o’clock on Sunday night
before the outlaws started for the police barracks, taking with them a Mr. E. Reynolds,
Mr. R. Gibbons, Mr. Mortimer, myself, wife, and sister. We reached the barracks, and
Constable Bracken was taken by the outlaws without bloodshed. Ned Kelly then told me
that I could go home and take the ladies with me. He directed us to ‘go quietly to bed and
not to dream too loud,’ and intimated that if we acted otherwise we would get shot, as
one of them would be down to our place during the night to see that we were all right. He
had previously declared that they would wait at Glenrowan till a train came. When we
reached home, which was about 200 yards from the police barracks, I put the horse in the
stable with the ostensible purpose of feeding him well, as he had starved all day. While
supper was being got ready I quietly prepared everything, including a red lama scarf, a
candle, and matches to go to Benalla, intending to keep close to the railway line in case
of a special coming before I reached there. In overcoming Mrs. Curnow’s opposition to
my going, for she was in a state of the terror and dread, and declared that both I and all
belonging to me would get shot if I persisted in going, and in securing the safety of my
wife, child, and sister while being away, time passed, and just as I was about to start I
heard the train coming in the distance. I immediately caught up the scarf, candle, and
matches, and ran down the line to meet the train. On reaching a straight part of the line,
where those in the train would be able to see the danger signal for some distance, I lit the
candle, and held it behind the red scarf. While I was holding up the danger signal I was in
great fear of being shot before those in the train would be able to see the red light, and of
thus uselessly sacrificing my life. The train, which proved to be a pilot engine, came on,
and stopped a little past me, and I gave the alarm by informing those in it of the line
being torn up just beyond the station, and of the Kelly gang lying in wait at the station for
the special train of police. On being told by the guard that he would go back and see the
special which was coming on, and seeing him do it, I ran home to appease my wife’s
anxiety and terror, and to protect them as far as I could. We had not the least hope of an
escape from being shot dead, for we felt certain that the outlaws must have heard the
whistling and stoppage of the pilot engine near our place, and would divine that I was
stopping the train, as we were the only ones liberated, to our knowledge. We therefore
felt sure that at least one of them would ride down and take revenge for my betrayal of
their trust in me. Though I represented myself to Edward Kelly as a sympathiser, my sole
motive in doing so was to save life, to uphold justice, and of course to secure as far as
possible the safety of my family.
“THOS. CURNOW,
“Late of Glenrowan S.S. 1742.”
——————
KELLY, THE MURDERER.
The delineation of the character of Kelly, given by Professor Nimshi at Wangaratta
six years since, is as follows:—“The head of this man is non-intellectual. The base of the
skull, with the whole bassiller section of the brain, is a massive development of the lower
animal proclivities, and which, being vastly in excess of the moral sectional
measurement, inclines him to the perpetration of sensual animal vices, and which with an
adverse facial angle prompts him to the commission of vicious, brutal acts of outrage and
aggressiveness. He has large organs of self-esteem and love of approbation, which gives
self-conceit and vanity. If the one be wounded or the other mortified, his animal nature
would know no bounds. He would be likely under sudden surprise to commit the grossest
outrages; and, being uncontrolled by any moral sentiment, stamps his character as wolfish
and ravenous, his notions of moral right giving him a dangerous range of action.” We
think it high time that society should avail itself of the means of protection that
phrenology affords, which a true exponent of it can readily give by pointing out the
different traits of character of individuals, either for good or for harm. We think it should
receive a public recognition, and be taught in our schools. We should say that the sooner
the Government recognises the efficient services of such a man as Professor Nimshi, who
is now amongst us. By appointing him as Visiting Inspector of our public schools to
discover the children’s capability and traits of character, the better it will be for the
community at large. “To be forewarned is to be forearmed.”—“St. Arnaud Mercury.”

Page 4.
GLENROWAN, AND POLICE ORGANISATION.
We have endeavoured to show in a previous article that the recklessness attributed to
the police at Glenrowan in respect to all lives except their own was not substantiated by
facts. Our views are now fully confirmed by the reports of Superintendent H ARE and
SADLEIR, by a letter of Mr RAWLINS (a Benalla volunteer) to the Argus, and by an account
of the fight, evidently furnished by Sub-inspector O’Connor, which has appeared in the
Sydney Morning Herald. All our facts are borne out by these gentlemen. When young
JONES was shot, the police did not know there were others than the outlaws in the house;
CHERRY was wounded by NED KELLY himself, and was known by the attacking party to be
lying in an out-house when the main building was fired; the various contingents as they
came up were at first ignorant as to the prisoners; when that was ascertained, and that all
innocent persons were lying down, the police were ordered to fire breast high, and the
men themselves were so anxious to assault the house throughout the day that they could
only be restrained by the most positive orders. But, while we consider that the police on
that occasion were influenced neither by regardlessness of human life nor want of
gallantry, the circumstances afford unquestionable testimony of the inefficiency of the
present police system. It is almost universally considered that the Victorian police force is
not so popular as it formerly was. It is certainly not the business of a constable to curry
favor with civilians; but it is highly desirable, especially in view of the disagreeable
duties which he is constantly called upon to perform, that the whole force should stand
well in the eyes of the public. Such relations between the two materially assist the police
in the repression of violence and the discovery of crime. The partial popularity of the
constabulary, however, is, we think, founded on temporary and inadequate causes which
are easily removable. We have all frequently heard it said during the last eighteen months
that the police did not wish to meet the KELLYS; or that they must have often seen them in
their mutual wanderings; or that if they did come across them the police would “have no
show.” We do not here allude to the Sebastopol affair, as we confess we do not wish even
to refer to it; but it is known that the other statement had no foundation. The police force
probably continue to be recruited from the same class as it was when it was held in
greater repute, but the tone of the whole force has somehow deteriorated. Many of the
younger men appear to be vain of themselves, than proud of their corps. Young men are
not one whit the worse for a slight tinge of self-conceit in their composition, but our
youthful police guardians should assume a little modesty with the cloth. The blue should
not be too lavishly faced with brass. Some of them are plainly far above their business.
That kind of thing largely recommends itself to the more romantic of the female portion
of the community, of whom these martial LOTHARIOS are most devoted and most favored
admirers; but men ridisqle it, and it brings the constabulary at large into undeserved
contempt. Yet even regarding such dandy members of the force, we never had the
slightest doubt that it their gallantry in the field were ever put to the same severe test as
we may presume it sometimes is in the ballroom, they would be—shall we say?—quite as
“killing.” Amusing and harmless as these quasi military airs appear to us, it is almost
incredible what hostile remarks they provoke, and what real injury they do. Were it not
so, we would not have considered the matter worthy of notice. No doubt a good deal of
this feeling has been produced by the recent necessity for constables appearing in plain
clothes, as the public seem to think a policeman is never earning his money unless he is
in uniform. This will disappear when mufti is forbidden; and the sooner the better. A little
discretion, and the least taste of assumed bashfulness—where it does not naturally
exist—would, we are sure, entirely wipe out the existing impression. Altogether,
considering the high qualities necessary to make an efficient police-constable, we think
the personnel of the Victorian constabulary generally quite as good as could be expected.
But the organisation and discipline are certainly deficient. Both reports unintentionally
display this in the strongest light. A strictly military rule would be altogether out of place,
and the less red-tape we have the better; but the system has hitherto been too lax in one
direction, and too rigid in the other. The regulation—only quite recently relaxed—that
men should not move without orders from district head-quarters, always seemed to us to
be overstrained; while at the same time it is notorious that constables were not always
ready to take the field at a moment’s notice. At Glenrowan they had no preconcerted plan
of action; some of the men had not ammunition enough for any prolonged encounter, and,
owing to the difference in the weapons, wrong cartridges were in some instances served
out. One would think that under such circumstances every man would have had about
him as many cartridges as might make his gun red hot. There could be no pretence of the
police having been taken by surprise as they were for a year and a half supposed to be
preparing for this very encounter. After Superintendent HARE was wounded the men did
not seem to know who was in command. Sub-Inspector O’CONNOR was as properly, no
doubt; but Senior-constable KELLY handled his own men, and Sergeant STEELE his, on his
arrival—apparently, for some time, at all events, without any present communication or
previous understanding. We have already stated it to be our opinion, that had any other
course been taken by the police than that actually pursued, more blood must have been
shed; but in nine cases out of ten, in great emergencies such good fortune is not to be
relied on. Preparation is the first element of success. That all did so well under the
circumstances, is not due to the brilliancy of the combination, but to the excellence of the
material. There was, of course, a substratum of co-operation and companionship which
would have prevented a collapse under any circumstances; but every man chiefly
depended on himself and his nearest comrade. Luck favored the police all through—luck
and Mr CURNOW—but when they got their chance, they did not allow it to escape them.
The fight itself took place at the very spot most favorable for the rapid concentration of
an overwhelming attacking party. The ironclads placed themselves in the very jaws of
death. Their time was come. The reports of Messrs HARE and SADLEIR show all these
things very plainly; but Mt HARE’S disclosures something more. That gentleman
apparently feels called upon to defend himself from an accusation that he had endeavored
to supplant Mr NICOLSON by some influence, and this Mr HARE certainly does
triumphantly. But he brings a most serious counter-charge against Mr NICOLSON, who, he
asserts, not only withheld all information from him on taking charge, in regard to the
situation, but actually threw such difficulties in his way as might have frustrated the
whole of the subsequent success. We trust that these gentlemen may be reconciled on
further explanation, as both are eminently qualified to assist in the reformation of the
whole police system which the state of the district so absolutely requires.
——————
Page 6.
THE DESTRUCTION OF THE KELLY GANG.
Reports from Superintendent Hare and Superintendent Sadleir on the operations of
the police at Glenrowan have been received by the Chief Secretary, and have been
handed to the press for publication. The following are the reports:—
SUPERINTENDENT HARE’S REPORT.
“Rupertswood,
“Sunbury, 2nd July, 1880.
“Sir,—I have the honor to inform you that I deem it my duty to give you a full report
of all the circumstances from the commencement of the time I was directed to proceed to
Benalla up to the period of the Kelly gang being surrounded by the police at Glenrowan
on the 27th June.
“You may remember, on the 30th April last, when visiting the depot, you informed
me that I was to proceed to Benalla to relieve Mr Nicolson, and to take charge of the
whole of the proceedings in connection with the capture of the Kellys. I protested in the
strongest manner possible at the injustice of my being sent up there again. I pointed out
that there were three officers senior to me—viz., Mr Winch, Mr Chomley, and Mr
Chambers—none of whom had been called upon to undertake the hardships that I had to
undergo during the seven months that I was with you in that district. I also pointed out
that the responsibility should be thrown on the senior officers. I stated that a promise was
made to me, when I was sent for previous to the capture of Power, the bushranger, that
Mr Nicolson and Mr Montford had reaped the benefit of that capture, and that I, who was
directed to organise the whole affair, am still in the same position as I was then,
notwithstanding the promise made by the Chief Secretary, Sir James McCulloch. Ten
years having elapsed since then, and my position in the police force being still the same, I
did not see any advantage to be gained by being told off on this special duty. Your reply
to this was, ‘It’s no use saying anything about it; you’ll have to go.’ I then requested that
I might be allowed to see the hon. the Chief Secretary on the subject, as I wished to enter
my protest to him against being sent up to Benalla. You agreed to make an appointment
for me, and at 2 o’clock that day I saw Mr Ramsay in his office. I then pointed out to him
the disadvantage to me of sending me up there. Mr Ramsay replied, ‘Mr Hare, this Kelly
business has been discussed by the Cabinet; and it is their unanimous decision that you
should be sent up to take charge of affairs. I give you carte blanche to do whatever you
think proper, and I leave you entirely untrammelled. The Government have such entire
confidence in you, that they will hear you out in whatever you deem it advisable to do.’ I
replied, ‘Very well, Mr Ramsay; when do you wish me to go?’ He said, ‘As soon as
possible.’ I told him that I would leave in two or three days’ time. On Monday, the 3rd
May, I received a note from you informing me that the hon. the Chief Secretary, at the
earnest request of Mr Nicolson, had consented to allow him to remain at Benalla for one
month longer, and that my orders for transfer were cancelled for the present.
“I received orders from you at the ? ? that I was to proceed at once to relieve Mr
Nicolson. I accordingly, arrived at about ? ? and saw Messrs Nicolson, Sadleir, and
O’Connor in the office. After some conversation on general subjects, Mr Nicolson
produced a letter he had received from you, directing him to give me all the information
he had obtained concerning the Kelly gang during his stay at Benalla. He showed me the
state of his financial account with one of his agents, and said there was nothing owing to
any of the others. He opened a drawer and showed me a number of papers and the
correspondence which had taken place during his stay at Benalla, and said, ‘You can get
all the information from these papers.’ He gave me no verbal information whatever, but
said, ‘Mr Sadleir can tell you all I know concerning the movements of the outlaws.’ He
left the office, and I never spoke to him again, and he went to Melbourne by the evening
train. The principal agent employed by Mr Nicolson I had appointed to meet me that
evening. He was one who was considered the best man they had. After talking with him a
few minutes he positively refused to work for me or have anything to do with me,
although he had accompanied the police from Beechworth the previous day for the
purpose of having an interview with me.
“That evening I telegraphed to Detective Ward to come down to Benalla the next
morning by train. He did so, and after some conversation, he informed me that on the
previous evening the senior-constable in charge of Beechworth had received a telegram
from Mr Nicolson to pay off all the agents he had employed.
“I at once endeavoured to obtain a copy of this telegram in the office, but there was
no record kept of it, nor did the clerks know anything about it, so I presume it must have
been sent from the railway telegraph office, as Mr Sadleir knew nothing whatever about
it.
“I directed Detective Ward to return to Beechworth at once and order the seniorconstable to allow matters to continue as they had been previous to my taking charge, as I
did not wish to make an alteration in anything until I was in a position to judge what was
best to be done.
“For the first two or three days of my stay at Benalla I occupied my time in reading
up the papers in the office, and obtaining all the information I possibly could on the
subject. I had a long conversation with Mr Sadleir, who assisted me in every possible
way, and gave me all the information in his power. I conversed with the different noncommissioned officers and constables I came across, and obtained their views on the duty
upon which I was engaged. Most of Mr Nicolson’s communications with his agents were
by word of mouth, and not in writing, and the information I obtained from documents in
the office was very scant and not of much service to me. I then started round the district
to see the non-commissioned officers in charge of the principal stations. I had long talks
with them and their men on the state of affairs, and informed them that I intended
stationing black trackers, whom I expected from Queensland, at Benalla, Wangaratta, and
Beechworth. I also told them that at each of these towns I would have a full party of men
stationed, so that if any information was received about the Kellys, they would be in a
position to go in pursuit at once; and all I wished them to do was to communicate by
telegraph with me previous to their starting off, so that I might know in which direction
they had gone.
“After a few days I returned to Benalla, and started off two or three parties of men
who had been specially taken on in the police force, in consequence of their knowledge
of the country and the outlaws, and directed them to obtain private horses, and go into the
country they knew best, and knock about amongst their friends and relatives, in order too
see if they could get any information concerning the outlaws; they might go where they
liked, and remain out as long as they thought fit. I also made up three watch parties,
consisting of four men each, and directed them to watch certain places by night, and
remain concealed all day. I made sundry other arrangements, which it will not be
advisable for me to fully enter into.
“From the date of my arrival at Benalla up to Sunday, the 27th June, I heard nothing
positive concerning the movements of the outlaws, although their agents and
sympathisers were particularly active, and I was privately informed that the outlaws were
about to commence some outrages which would not only astonish Australia, but the
whole world.
“On the 24th I received a communication from you that Mr O’Connor and his black
trackers were to be sent back to Queensland. I informed Mr O’Connor accordingly. The
next morning he started away from Benalla with his ‘boys.’ I had but one Queensland
black of our own at Benalla, and there was another at Mansfield. I telegraphed for the one
at Mansfield to be sent down to Benalla at once, so that I might have two trackers in case
anything happened before Mr Chomley, who had gone to Queensland for a fresh supply
of trackers for our own force, returned, as I did not expect him back for eight or ten days.
“On Sunday, the 26th ult., I was at the telegraph-office, at Benalla, at 10 o’clock a.m.
I received telegrams from all the stations in the district that all was quiet. I made an
appointment with the telegraph master to be at the office again at 9 p.m. About half-past
two o’clock that day received a memo. From the railway telegraph-office to go to the
general telegraph office, as there was important information for me there, and a memo.
To the same effect had been sent to the telegraph-master. I lost no time in going there,
and received a message from Beechworth that Aaron Sherritt, in whose house I had a
watch party, had been shot the previous evening at 6 o’clock. I immediately sent for Mr
Sadleir, and we consulted together as the best course to adopt. First of all we decided to
give you all the information in our possession, and ask you to request Mr O’Connor to
return without loss of time to Benalla, with his ‘boys,’ as we considered they might have
a good chance of tracking the outlaws from Sherritt’s house.
“About 8 o’clock that evening I received a telegraph ? ? be sent up by ? ? leaving
town at 10 o’clock. I also telegraphed to you, asking authority to send on a pilot engine in
front of our train. Your reply to me was, ‘A good idea; there’s no knowing what
desperate deed the outlaws may now be guilty of. Have the pilot.’
“The whole afternoon Mr Sadleir and myself were engaged in the telegraph office,
warning all stations to be on the alert, and at places where there were no telegraph offices
private messengers were employed, and sent out to convey the information of the outrage
at Beechworth, and to be on the alert also. “I started off then for the railway station
having previously sent word to the station-master to have an engine ready to go
Beechworth as soon as possible, as it was my intention to take up my party and the two
trackers, in the event of Mr O’Connor not consenting to return. I told Mr Stephens,
stationmaster, that a special was to leave town at 10 o’clock, and that I wished the engine
that I had ordered to act as pilot to the train to Beechworth, which would reach Benalla
about 2 a.m.
“He informed me that he had no engine there which could run to Beechworth, that
line requiring peculiar engines. I requested him to get the engine which was to come
down to Wangaratta from Beechworth the following morning to get up steam at once, run
down to Wangaratta, and wait there till my arrival, so that it could act as pilot thence to
Beechworth. He consented to do this, and also to have trucks ready to convey the horses
and men from Benalla to Beechworth.
“I then returned to the telegraph office, where Mr Sadleir had remained during my
absence. We made arrangements for horses and provisions to be ready for the trackers,
and told off the following men to accompany me to Beechworth:—Senior-constable
Kelly, Constables Barry, Arthur, Gascoigne, Canny, Kirkham and Phillips; leaving a
party behind us all ready equipped, with two black trackers, for Mr Sadleir, in case
anything occurred while I was away. I remained in the telegraph office until 10 o’clock
p.m. Having completed all arrangements, I went to lie down for two or three hours, as I
expected to reach Sherritt’s house at day-break the next morning, to commence tracking
from there.
“At 1 o’clock I went to the railway station, had the horses put in the trucks, and
waited the arrival of the special, which reached Benalla, I think, about half past1. Mr
Rawlins, a gentleman residing at Winton, asked me to allow him to travel in the special to
Beechworth from Benalla, as he had a pass on all the railways. I told him I had no
objection to his doing so. The engineer in charge of the Benalla station suggested that I
should put a constable in front of the engine, to keep a good look-out along the lines. I
accordingly told off Constable Barry for this duty, and saw him securely fastened on the
engine. I afterwards ascertained that the engine that brought the train from town had
become disabled on the way up, and it was decided to send it as the pilot, and send the
Benalla engine to Wangaratta with the train. The engine-driver refused to allow Barry to
go on their engine, so I recalled him. The occupants of the train from Melbourne were as
follows:—Mr O’Connor, his wife and sister, five Queensland trackers, and six gentlemen
connected with the press.
“My party already mentioned joined the train here. Previous to starting I asked the
stationmaster to give me the key of the railway carriages, as the guard insisted on locking
us in. He complied with my request. The pilot engine started about five minutes before
out train. We went along at a rapid pace without interruption until within two or three
miles of Glenrowan station, when I heard our engine whistle. I put my head out of the
carriage, looked ahead, and saw the pilot pulled up within 300 yards of us. I immediately
unlocked my carriage, jumped out of the train, and walked towards the pilot. When about
a few yards beyond our engine I met a man walking towards me from the pilot with a
lamp. He came from the pilot engine, and told me he had been stopped by a red
handkerchief being held up, and lighted by a match held behind it. When he pulled up he
saw a man without coat or hat approaching, who appeared greatly excited, and told him
that the line had been broken up either this side or the other of Glenrowan. He said the
man told him the Kellys had taken possession of everybody in Glenrowan, and that they
said they were going to attack the police on their arrival. I asked him where the man was.
He said after giving the information he ran away into the bush, as he had left his wife and
family at home, and that he was a schoolmaster at Glenrowan. He said, ‘I invited him to
go on the engine, but he declined.’ I then ordered all the carriages to be unlocked, lights
extinguished, and gave the occupants the information that had been given to me, and to
be ready for any emergency. I at once walked towards the pilot, taking with me three
men, leaving Mr O’Connor and his men with Senior-constable Kelly and the remainder
of my men. I walked along the line myself, and distributed the men on each side, telling
them to separate and keep a sharp look-out. When I reached the pilot, the engine-driver
repeated the story about the schoolmaster, and I told the driver to go on quietly in fron of
the train. He declined doing so until I jumped on the engine myself and brought up the
three men with me. I placed the men in the best position, and told them to keep a sharp
look-out and be ready for anything that might occur. I took up my position at the opening
of the engine, and then told the driver to go ahead cautiously, and be ready to go ahead or
turn backwards at any moment in the event of my directing him to do so. He said his
engine was in a very disabled state, having lost its brake, and could not be depended on.
He advised that he should shunt back to the train, and that the two engines should be
hitched on together, and so take on the train. I consented to this, and we shunted back. I
then directed Senior-constable Kelly to jump on the other engine with three men, and to
put them in the most secure places, prepared for any emergency. I gave information to Mr
O’Connor of what I had ascertained and done and we started off at ? ? ? when we
reached the station everything was in darkness, not a soul moving anywhere. I got off the
engine and told every man to jump out of the train and keep a sharp look out. I then
started off in company with Mr Rawlins to the stationmaster’s house, which was about 70
or 80 yards from the station, where I saw a light in the window. I knocked at the window,
and looking through saw a woman and children. She asked, ‘Who’s there?’ I answered,
‘Police; open the window.’ I asked her where her husband was. She replied, ‘They have
taken him in the bush.’ She was greatly excited, and for some time could scarcely answer
me. I begged her to be calm and tell me who had taken her husband away. She said, ‘The
Kellys.’ I asked in which direction they had gone, and she pointed in the direction of
Warby’s ranges.
“I immediately hastened back to the station with Mr Rawlins, who told me he was
thoroughly acquainted with the country, and would gladly render me all the assistance he
could. He told me he was unarmed, and asked me if I had any spare arms. I told him
‘No,’ but I would give him my revolver and stick to the double-barrelled gun myself. On
reaching the station I told the men what I had been informed by the stationmaster’s wife,
and to lose no time in getting the horses out of the train and saddling them. Whilst the
men were so engaged, Constable Bracken appeared on the platform in a very excited
state. He said, ‘Mr Hare, I have just escaped from Jones’s Hotel, where the Kellys have a
large number of prisoners confined. For God’s sake, go as quickly as possible, otherwise
they will escape.’ I called on the men to follow me with their arms as quickly as they
could. Many of them were holding horses. I told them to let go the horses, as the Kellys
were in the house, and follow me running off towards Jones’s hotel. Some six or seven
men followed me, amongst them some of the black trackers, but I cannot say who any of
them were. When approaching the hotel the place was quite silent and dark, and when
within 20 yards of the verandah I saw a flash of fire, but could not distinguish any
figures. Instantly three persons also commenced firing from the verandah, which was in
total darkness—the moonbeams at the back of the house caused our men to be plainly
seen—a continuous fire being kept up on both sides. I was struck by the first shot, and
my left arm dropped helpless beside me. The firing was continued on both sides with
great determination for about five minutes, when it ceased from the verandah, and
screams of men, Women, and children, came from the inside of the house. I at once
called on my men to cease firing, which they did. When the firing commenced I called
upon my men to be steady, and I cannot speak too highly of the conduct of the men on
this occasion, as they stood with firmness, receiving volley after volley from the
verandah, and replying to it. The men were all on my right, and the fire seemed to come
in a line, as if the men were on parade. I kept using my gun with my right hand, and think
I fired six shots. I had greatly difficulty in loading, having but the use of one arm. I had to
put the stock of the gun between my legs in order to reload. I cannot remember any of the
men who were with me during the firing except Senior-constable Kelly. I told him I was
badly wounded, and directed him to take all the men and surround Jones’s Hotel, and
prevent the escape of the outlaws, and saw this was being done. During the firing there
were shouts from the outlaws calling on us to fire away—we could do them no harm.
“Feeling that I was losing large quantities of blood, I returned towards the railway
platform. On my way thither I saw Mr O’Connor running up a drain with some of his
boys. As I passed him I called out to him I was hit. Senior-constable Kelly called out to
me to send some more ammunition at once from the train. I did so directly I arrived at the
platform, and Mr Rawlins volunteered to take the ammunition round, and distribute it
amongst the men, which he did. There were a number of gentlemen of the press on the
platform when I arrived there, and they very kindly took a handkerchief, and bound up
my arm. I then returned to the front, intending to go round the men posted, but after
visiting two or three of them I felt myself getting very weak and faint from loss of blood.
When I again reached the platform I was staggering, and the gentlemen of the press
assisted me into a railway carriage. I intended to run down to Benalla to have my arm
dressed, and to return immediately it was done. After getting into the carriage I was given
a little sherry, which rallied me considerably, but the blood was still flowing from my
arm. I started an engine away to inform Mr Sadleir of what had occurred, requesting him
to come as soon as possible with every available man on the station, and bring up a
supply of ammunition, and shortly after that I followed on another engine to Benalla.
Owing to my great loss of blood, I had great difficulty in keeping myself from fainting on
my way down. We reached Benalla in about 10 minutes. On my arrival there I asked the
stationmaster to telegraph to Wangaratta and direct Sergeant Steele to bring every
available man he had on the station by the pilot engine, which was waiting for me there,
to Glenrowan, as we had the Kellys surrounded in a house; but to be careful not to let the
engine come within a mile and a half of Glenrowan, as the rails had been torn up. I then
started off to the Benalla telegraph-office, which was about a mile and a quarter distant
from the station. Being afraid to walk that distance by myself, feeling so faint, I asked a
Mr Lewis, school inspector from Wangaratta, whom I met, to accompany me, which he
did.
“On the way we called at Dr Nicholson’s—this was about half-past 4 a.m. I told the
doctor I was shot by the Kellys, and I wished him to dress my arm, as the blood was still
flowing freely. I told him I could not wait to have it done then, but to follow me to the
telegraph-office, as I wished him to return to Glenrowan with me, and to lose no time
about it. I then started off with Mr Lewis, leaving Dr Nicholson to dress. On reaching the
telegraph-office I could barely stagger in. I found the office open, and dictated a telegram
to ? ? ? ? sent a telegram to the police at Beechworth and Violet Town, directing
them to proceed with all available force to Glenrowan, as the Kellys were surrounded in a
house, and as I did not know how much assistance might be required to secure them. I
then laid down on a mattress, and Mr Sadleir came into the office. I told him what had
occurred, and to hasten back as quickly as possible, and I would follow him. His reply
was—‘Don’t be such a fool. You are a regular glutton. You have one bullet through you
now, and I suppose you want more.’ He then left the office, and hastened away. Just then
Dr Nicholson entered. He examined my wound, and told me I had sustained a very bad
fracture of the wrist, and that it would be madness for me to return. He procured an
impromptu splint and lint and, with the assistance of Mr Lewis and Mr Saxe (telegraph-
master), dressed the wound. During the dressing I fainted. How long I remained in that
state I do not know, but when I came to myself both the doctor and Mr Lewis had gone,
and Mr Saxe gave me some strong spirits, and with his assistance, and that of one of his
clerks, I walked to my lodgings about a quarter of a mile away. I was unable to proceed,
and was confined to bad all day, suffering great pain.
“At about 3 o’clock Doctor Charles Ryan arrived from Melbourne, and dressed my
hand, and Doctor Nicholson, returning just then, assisted in the operation.
“In conclusion, I wish to place on record the very great assistance rendered to me by
Mr Sadleir from the time I arrived at Benalla up to the eventful day. He spared neither
time nor trouble, and I would desire strongly to urge upon you the necessity of suitably
acknowledge his services.
“Whilst mentioning the assistance rendered to me by Mr Sadleir, I would also desire
to place on record my high appreciation of the conduct and services of the police force,
both of Queensland and Victoria, who by their steadiness and courage seconded my
efforts and contributed to the successful termination of the duties they were especially
called upon to perform.
“I would also bring under your notice the great services rendered by Mr Saxe,
telegraph-master at Benalla. The police in the district found him always ready to assist
them at any moment, day or night (Sunday inclusive), and he complied with everything
he was asked to do most readily and cheerfully. I would therefore urge upon you the
desirability of bringing his conduct under the notice of the lion, the Postmaster-General,
with a view to his promotion in the service, as you are well aware from your own
personal knowledge of the many services rendered to us, by him.
“With regard to the reward offered for the apprehension of the offenders, both by this
Government and that of New South Wales, I trust that a board will be appointed to decide
to whom it is to be paid, and that the constables and trackers who were engaged at the
destruction of the gang will be allowed to partake of a portion, especially those who
accompanied me from Benalla. I need hardly say that I decline to participate in any of the
rewards already offered for the capture of these outlaws.
“I cannot bring my report to a close without strongly drawing the attention of the
Government to the praiseworthy and plucky conduct of Mr Curnow, who in my opinion
was mainly instrumental in saving the lives of the whole party, in giving the information
of the lines being destroyed and of the Kellys being at Glenrowan.
“Constable Bracken showed great presence of mind, and deserves much credit for his
conduct on the occasion, and I think he has a claim to a good share of the reward.
“I think, also, that the thanks of the Government are due to Mr Rawlins, who ably
assisted me throughout the firing. He had previously offered me the benefit of his
knowledge and experience of that part of the country. He ran considerable risk in serving
out the ammunition to the police, and I feel very grateful to him for his personal services
to me.
“Since writing the above I have seen a statement made by Mr O’Connor to the press,
and after reading it I can have no doubt his statement is perfectly correct, but in my report
I have merely stated facts that are within my remembrance, and no doubt in the darkness
of the morning, and the excitement of the time, I may have omitted many incidents that
occurred.
“When I took charge of the district from the 2nd June last, as far as I was able to
ascertain, no more was known of the outlaws or their movements than when I left Benalla
12 months ago. The statements that have appeared in the public press for some weeks
past, to the effect that the outlaws were surrounded by a cordon of police and their agents,
had not the slightest foundation. I do not take any special credit to myself and men in
being able to surround them in Jones’s hotel on 28th June. The chance occurred. We took
advantage of it, and success attended us. You may recollect that at my interview with the
Chief Secretary I objected to having a large party of trackers kept at Benalla, and as Mr
O’Connor objected to divide his men, I suggested that some native trackers should be
provided from Queensland for our own force. I said also it was a general belief that the
outlaws were afraid to show out because of the trackers, and my in opinion, if such was
the case, the sooner Mr O’Connor and his men were removed the better, because, should
the gang make a raid, there would be a probability of capturing them, but as long as they
remained in the mountains we had little chance of finding them. Mr Ramsay agreed with
me in this opinion. I frequently expressed the same opinion to you in the last few months.
The trackers were removed on the 25th June. The outlaws believing they had left for
Queensland, showed out on the 26th. On the 28th the gang was destroyed, and its leader
captured.
“I have the honour to be, sir your most obedient servant.
“FRANCIS HARE,
“Superintendent of Police.
“The Chief Commissioner of Police.”
——————
SUPERINTENDENT SADLEIR’S REPORT.
“Police Department,
“Superintendent ?
“Benalla, July 1st, 1880.
“Sir,—I have the honour to furnish the following report for your information of such
of the proceedings of the 28th ult., in relation to the capture of the Kelly gang, as
occurred whilst I was in command of the party of police carrying on the attack:—
“I was first made aware of the encounter with the gang by Superintendent Hare’s
return, at about 4 a.m.; and after exchanging a few words with him as to the position of
affairs, proceeded to Glenrowan by train, accompanied by the whole of the reserve on the
Benalla station.
“Immediately on reaching Glenrowan, and on dispersing to take up the best positions
we could find around the building, numerous shots were fired from the direction of the
house, striking the ground and fences close to us. After finding Mr O’Connor and
learning what I could from him of the positions of the men, I made myself assured that
the buildings were surrounded by the police, and in this I was greatly assisted by
Constable Dwyer, 2507, who was always willing to run the gauntlet under fire from one
post to another.
“It was not, however, until the capture of Ned Kelly, and then only from his
statements, that there was any assurance that some of the gang had not passed through
our lines, as the prisoner himself had done. We had occasional firing from the outlaws
within the house, and could hear them calling out and rapping on their armour, but after
this arrest the remainder of the gang slackened their fire greatly, and only a shot at
intervals was heard.
“About 10 a.m. I called on the persons kept prisoners by the gang to make their
escape, and allowed 10 minutes’ grace before recommencing firing, and soon after the
word was passed on by the posts nearest to the front of the building, a general rush was
made by these persons, and no further shot was fired by the police until they had all been
examined and passed out of the lines.
“We had ascertained from these prisoners that the two outlaws, Dan Kelly and Hart,
were still alive, and that Byrne was dead. These two survivors were called on several
times to surrender, and on their failing to do so several of the police repeatedly appealed
to me to let them rush the building. This I would not permit for various reasons, chiefly
that the party rushing in could not be supported by those outside; that a long narrow
passage through the house had to be traversed before the outlaws—whose exact position
in the buildings was not known—could be reached; that they could not be knocked over,
on account of the armour, until the police actually had their hands on them; that I knew
they still had large supplies of ammunition; that there were yet several hours’ daylight;
and that the final capture or destruction of the two outlaws was a matter of certainty. I
therefore hold to the determination, though under considerable difficulties, to sacrifice no
life in this way if it could be avoided.
“I think it was about 8 p.m. when Senior-constable Johnston, 764, voluntered to set
fire to the building, and after a short consultation with Mr O’Connor and some of the
senior members of the force present, arrangements were made accordingly. A strong
firing party was placed under cover in front of the building, and another at the end to be
fired, and protected by their fire the senior-constable was able to carry out his work and
return in safety. This precaution was considered necessary, as a few minutes before it was
reported that the two outlaws were seen at one of the windows.
“It was known at this time that Martin Cherry was lying wounded in a detached
building, shot by Ned Nelly early in the day, as it has since been ascertained, because he
would not hold aside one of the window-blinds; and arrangements were made to rescue
him before the flames could approach him. This was subsequently done.
“When the fire had taken, the Rev. Mr Gibney, a clergyman of the Church of Rome,
with great bravery passed towards the building, in spite of all remonstrance, and the
constables and myself, with a view of stopping him, rushed forward, and this movement
immediately changed into a general rush for the building, when, as I have stated, Cherry
was removed, as well as the body of Byrne, the latter from the burning building.
“It was found impossible to reach where the other outlaws were, and it is clear from
the Rev. Mr Gibney’s statement that these were dead when the fire took place; and it is
impossible to say whether they had been killed by our last volley or had shortly before
taken their own lives.
“Before proceeding briefly to refer to the conduct of the police under my command I
wish to call attention to that of Mr Jesse Dowsett, an employé on the railway, who, armed
with a revolver only, stood manfully to his ground in the capture of Ned Kelly. His
conduct has been specially commended to me by the members of the force who witnessed
it.
“I understand also that Mr Charles Rawlins, of Lake Winton, was also in Mr Hare’s
company at the first encounter, but that officer will be in a better position than I for
describing what his conduct was.
“I have also to acknowledge the readiness with which Dr John Nicholson, of Benalla,
accompanied my party to afford any professional assistance that might be necessary, and
his services were at once afforded to Ned Kelly when captured.
“The conduct of every member of the police force engaged was completely
satisfactory.
“From Sub-inspector O’Connor I had throughout the day continual assistance and
advice, and with regard to the members of the Victorian force, my only difficulty was in
restraining a few too eager spirits.
“I have already alluded to the conduct of Senior-constable Johnston. He did the
special work sought by him in the face of special danger, as all then supposed.
“I am assured—for I was not present on the spot—that the men who captured Ned
Kelly had a difficult and dangerous business for the short time it lasted.
“I find that Sergeant Steele (1179), Senior-constable Kelly (1925), Constables
Bracken (2228), Dwyer (2507), and Montford (2697), were men concerned. I find, also,
that Constables Arthur (2971), Phillips (2745), and Healey (2886), were all more or less
directly assisting in the arrest of Ned Kelly.
“Ned Kelly, from his appearance in the imperfect light, looked like some unearthly
being, on whom bullets had no effect. Mr Dowsett, who was also on the spot, says he
thought he was the devil.
“The conduct of the Queensland trackers was excellent, and shows, certainly, that in
good company at least they may be thoroughly relied on.
“The circumstances of the day did not call for many acts of conspicuous daring, and
excepting the severe wound to Superintendent Hare, none of the attacking party received
any.
“Martin Cherry died a few minutes after his removal from the building, and a boy
named Jones has since died from his injuries in the Wangaratta Hospital. I also
understand that a youth named Readon is in a critical condition in the same institution. A
man named George Metcalf has also been forwarded by your instructions to Melbourne
for treatment to an injury received in the eye while the firing was going on.
“After the affair was over, the bodies of Hart and Dan Kelly were given over to their
relations, as I reported to you on your arrival at Glenrowan.
“Their friends applied to me next day for the necessary order for burial, which I had
procured for them, and expressed their acknowledgement for the consideration shown to
them.
“Subsequent reports as to the conduct of those people have, as I have good reason to
believe, been greatly exaggerated.
“The body of Martin Cherry was handed to his sister.
“The body of Byrne was buried at 4 o’clock on Tuesday afternoon in the Benalla
Cemetery, and was not claimed by anyone.
“Attached you will find a list of all the members of the force concerned in this duty,
with the hour of their arrival.
“I have the honour to be, sir, your obedient servant,
“J. SADLEIR,
“Superintendent of Police.
“The Chief Commissioner of Police, Melbourne.”
——————
Return of Officers, Sergeants, and Constables who took part in the capture of the
Kelly gang of outlaws on the 28th June, 1880:—Superintendent F. Hare, Senior-constable
John Kelly, Mounted-constable Daniel Barry, Mounted-constable W. Phillips, Mountedconstable J. M. Arthur, Mounted-constable Thomas Kirkham, Mounted-constable P. C.
Gascoigne, Mounted-constable William Canny, Sub-inspector S. O’Connor, Tracker
Hero, Tracker Barney, Tracker Johnny, Tracker Jacky, Tracker Jimmy, Superintendent
John Sadleir, Sergeant James Whelan, Senior-constable R. A. Smyth, Mounted-constable
Robert Graham, Mounted-constable C. Ryan, Mounted-constable W. J. R. Wallace,
Mounted-constable P. P. Wilson, Mounted-constable J. L. Stilliard, Foot-constable
Patrick Kelly, Foot-constable Thomas Reilly, Foot-constable John Milne, Foot-constable
T. M. Hewitt, Tracker Moses, Tracker Spider, Sergeant A. L. Steele, Mounted-constable
J. Montiford, Mounted-constable Wm. Moore, Mounted-constable P. Heally, Mountedconstable J. F. Dixon, Foot-constable Patrick Walsh, Foot-constable James Dwyer,
Senior-constable Charles Johnston, Mounted-constable Thomas Meehan, Mountedconstable T. E. Dwyer, Foot-constable J. H. Stow, Foot-constable P. McDonald.
The names of the members of the force from Beechworth who assisted at the capture
of the outlaws are:—Senior-constable P. Mullane, Mounted-constable A. Alexander,
Foot-constable R. Wickham, Foot-constable H. Armstrong, Foot-constable R. McHugh,
Foot-constable W. Duross, Foot-constable R. Glenny, Mounted-constable R. Alexander,
Foot-constable T. P. Dowling, Mounted-constable C. F. Magor, Mounted-constable R.
McColl.
——————
Page 8.
IN THE BUSH.
“I am but a snapper-up of unconsidered trifles.”
—SHAKESPEARE.
I have been somewhat surprised, as well as entertained, by the opinions I have heard
concerning the late “squelching” of the Kelly banditti, as to the correctness, from a
military point of view, both of firing the hotel by the police and of the wearing of armour
by the members of the gang. I have heard a popular saying which asserts that “all is fair
in love and war;” and it used to be a primary axiom in warfare to “Do as much damage as
possible to your enemy, with as little loss as possible to yourself;” and in my study of
history I have generally found it carried out, with but little consideration as to equity or
humanity. The old Greeks and Romans considered themselves quite justified in donning
impervious armour to encounter naked barbarians; the Spaniards had themselves and
horses sheathed in steel, and did not think it beneath their dignity to slaughter half-clad
Mexicans. Yet these people were supposed to have the nicest sense of chivalrous feeling.
At Waterloo, the French cuirassiers, with their helmets and breastplates, defied the sabres
of the English cavalry, until the English captain cried to his men to “strike at the throat.”
Rockets were at first considered barbarous; torpedoes were looked upon as atrocities; yet
we find all nations now making use of them. I have no doubt the Zulus strongly objected
to the Gatling gun, and looked upon the introduction of sailors in land operations as an
unwarrantable innovation; but in these matters the opinions of the subjugated parties
don’t seem to count much. Vie victis, as Mr S. would say.
——————
THE CAPTURE OF THE KELLY GANG.
ADDITIONAL PARTICULARS.
Elsewhere in this issue we publish the reports furnished by Superintendents Hare and
Sadleir to the Chief Commissioner of Police, with reference to the extermination of the
Kelly gang of outlaws at Glenrowan on the 28th June, and also that of Mr Curnow, late
schoolmaster at Glenrowan, relative to his proceedings on the eventual morning. An error
has crept into Superintendent Sadleir’s report, wherein it is stated that he and his party
left Benalla for the scene of action at “10.5 a.m.” The time of departure was 5.10 a.m.
We on Thursday were intimated of the following few interesting particulars with
regard to the capture of the gang, which had escaped the cognisance of the public; but
which show the prominent part displayed in the affair by Constable Robert McHugh,
stationed at Beechworth, who throughout the trying time in which the police were
engaged in fighting the bushrangers acted with remarkable coolness and bravery: When
walking over the ground about 120 yards distant from the public-house in which Daniel
Kelly and Hart were lodged and kept at bay by the attacking party, about one o’clock in
the afternoon, the constable stumbled across a revolver lying on the ground, and covered
with blood., in the vicinity of the spot where the capture of Edward Kelly was effected.
This he picked up, and later in the day, when examining the weapon made the discovery
that it was a Webley revolver, and had at some time been issued by the Police
Department—it bearing the number of the member of the force to whom it was issued—
viz., 730. It, when found, was loaded in each of the six chambers with a cartridge too
large for it, and which had been cut down (evidently with a knife) to the required size.
The murderous weapon being without a holster at the time, a young man named John
Sherritt, a brother of the unfortunate man who was on the preceding Saturday evening
foully murdered by the outlaw Byrne at Sebastopol; and who had proceeded to
Glenrowan with the determination to avenge his brother’s death—produced two or three
leathern holsters which had become detached from the belt (now in the possession of
Detective Ward, at Beechworth) worn by Ned Kelly at the time of his arrest. From these,
one bearing a corresponding number to that stamped on the revolver was selected; and
when yesterday we examined the articles we found that a shot had pierced the holster,
and struck the pistol with such violence as to break off a piece of the iron in the vicinity
of the breech. A few days afterwards, Constable McHugh ascertained that the revolver
and holster must have been taken from the person of Constable Lonigan, after that officer
had been shot down by the bloodthirsty gang, when the latter surprised a party of police,
camped in the ranges near Mansfield, in October, 1878; his police number having been
that above mentioned. At about half-past three o’clock in the afternoon of the day on
which the concluding tragedy wherin the outlaws were concerned, Constable McHugh
was apprised of the fact that a pack-horse belonging to the gang was tied up in the bush a
short distance from McDonald’s hotel. On proceeding to the spot it was found that the
animal, having been frightened by the incessant firing kept up for some hours in the
neighborhood, had dislodged the pack-saddle and its contents from her (for the beast was
found to be a mare which, it was subsequently learned, had been stolen from a farmer
named Symonds living near Benalla) back. The pack, on examination, was found to
consist of miscellaneous articles—including an old broken gun, an almost useless pistol,
a collection of empty cartridge-cases, about thirty yards of fuse and a large oil-can. As
may be supposed, McHugh was considerably puzzled as to the nature of the contents of
the last-named portion of the outlaws’ impediments; and being unable to open the can,
reported the “find” to his superior officers, who had the articles removed to a place of
safety. Subsequent examination proved that the can contained a considerable quantity of
blasting-powder, evidently procured by the outlaws with a view to complete their
diabolical scheme of wrecking the railway line; and there is not the least doubt but that a
mine would have been laid by them had other circumstances not intervened. We may also
mention yet another circumstance that occurred on the day in question, and for which
Constable McHugh has not yet received credit; That officer, who appears to have
displayed no little amount of judgment, noticing a number of horses, saddled and bridled,
hitched up in the hotel yard, and thinking that at any moment the bushrangers might make
a dash for them and effect their escape, suggested that the animals should be destroyed,
and instantly put the idea into execution by shooting two of them down. The facts above
detailed were brought under our notice on Thursday last in the course of conversation
with a person who was an eye-witness of the fight; and is now presenting our readers
with them, we do so with the object of according credit to a person to whom it is certainly
due; and where any particular officer distinguished himself, as did Constable McHugh,
on such a memorable occasion his conduct should not be overlooked—which has up to
the present time been done, owing doubtless, to the fact of his not having (unlike many
other members of the force whose names we could mention) made a boast of his actions,
which most assuredly deserve recognition.
——————
No. 4
Saturday, July 31, 1880.
CONSTABLE FITZPATRICK.—This constable, who was recently dismissed from the force,
and who was formerly stationed in the North-Eastern district, is again anxious to enter the
service. On Thursday morning he met a certain member of the Assembly, and requested
him to use his influence to get him re-appointed, but the gentleman in question politely
declined.
——————
MR C. C. RAWLINS’ STATEMENT.
TO THE EDITOR OF THE ARGUS.
Sir,―Having seen several letters in reference to the Glenrowan tragedy, in which the
writers are strongly condemning the police, I think that, although not belonging to that
force, but as one who fired into the house, I might throw some light on the subject and
explain the circumstances that resulted fatally to some of the unfortunate prisoners in the
house at the time.
When we heard in the train that the lines had been pulled up and Glenrowan stuck up
by the Kelly gang, all the doors of the train were unlocked, and the train ran quietly into
the station, and the order to unship the horses was given. We all got out of the train, and
the first thing that Mr. Hare did was to give me his revolver, as I was unarmed, and went
with him to the railway gate-house, where Mr. Stanistreet, the station-master, lived.
When we reached there, we found Mrs. Stanistreet in tears, and on inquiring the cause of
her grief, she said, “They have taken my husband away with a lot more into the bush.”
“How long since?” asked Mr. Hare. “Only five minutes since.” Mr. Hare and I waited for
no further information, but ran back to the train, distant about 100 yards, and saw that the
horses were then not unshipped. Whilst standing there I saw a man rapidly approaching
us from nearly the same direction we had just come, and when he reached our midst, he
said, in a voice hardly above a whisper, “The Kellys are all at Jones’s. Be quick, and
surround the house, or they will be off.” This man I afterwards found was Bracken. He
was so thoroughly out of breath he could hardly speak. And whatever more he may have
explained to the reporters on the platform, as to any persons other than the outlaws being
in the hotel, the attacking party were at time ignorant of it. We all made straight for the
railway gate, going out in front of the hotel; through this gate some four or five went, I
amongst the number. Just at this moment I heard a sound on the verandah, which was in
deep shadow, whilst we were all standing in the clear moonlight. Up to this time no
sound had come from the hotel. I had only just time to say “Look out,” when there was a
flash and report, followed by several flashes and reports from the arms used by either
party. I was standing about three or four yards from the line gate at that moment, and
close to Superintendent Hare and Senior-constable Kelly. Only one of the bushrangers
came out into the moonlight at the far side from me, but he seemed to fire away from me,
judging from his reports and flashes. I fired, I think, three shots at him out of my
revolver, when my attention was attracted to Superintendent Hare, who said, “I am
wounded.” I emptied my revolver, and Mr. Hare handed me his gun, as he said he was
unable to load, and he gave me his ammunition. I had then loaded my revolver again and
put it in my pocket, and asked Mr. Hare to go down to the station-house, and I would go
down and attend to his wounds. At this moment we heard a man cry out, “Surrender, you
― dogs. You can’t hurt us. Fire away.” This was answered by a tremendous volley from
us, in which I joined. After this, which we found after was a fatal volley, cries, screams,
and cursing were heard, and amongst other words I distinctly heard a man’s voice say,
“Lie down all who don’t want to be shot, and make no attempt to leave the building till
daylight or you will be shot, and we will fire high.” This was in answer to a request from
a man who cried from inside that the place was full of women and children. I also called
out, “Lie down, everyone of you.” There was then no more firing for a long time; in fact,
at this moment the smoke was to thick to see even the hotel from where I was. About one
hour after this there were fired four shots. I found out that these shots were fired by one
party of police on seeing two men come out, and being taken for one or two of the
outlaws, were immediately fired upon. I was then taking round a fresh supply of
cartridges for the men. I met that active and plucky officer Senior-constable Kelly, and
the following conversation took place:―He said, “You have the wrong sort of cartridges
for our rifles,” and then he told me he had found one of the outlaws rifles and cap
covered with blood, and he said, “I fear they have escaped. But,” he said, “whatever
happens we must not fire into the house till we give the people inside time to get out, and
they can’t do that till daylight. I have told all the men to fire if they see anyone
attempting to leave, to mind and fire high; then,” he said, “if they keep down no one is
likely to be injured.”
I may here mention that the only women in the house were Mrs. Reardon and Mrs.
Jones.
I heard only an occasional shot till a few moments before daylight, when there were
several shots fired by one party of police near the stable at the back. This I afterwards
heard was one of the new police who had just come in from Wangaratta, and who, seeing,
without any mistake, one of the outlaws run towards the stable, fired at him.
Just at daylight Mrs. Reardon came out of the house carrying a young child, and
crying herself bitterly. She explained the condition of the people in the house, and told
me that they were all down on their faces, or in the chimney, and that the little Jones boy
was dangerously wounded. She remained in the railway compartment for some
considerable time, and after my return from a ramble round the position she had
disappeared. Little or no firing of any kind took place then till the outlaws were seen in
open daylight firing on the men who were round Ned Kelly.
About half-past 9 or 10 o’clock I went down to the nearest trees to the house with Mr.
Sadleir, and in a loud voice I called on all the persons who could leave to do so at once,
as we were going to commence to fire into the building in earnest, and I said, “We will
give you 10 minutes to come out.” This appeal was listened to and out they came, and as
I knew about one half of the unfortunates personally, I called them up by name and
questioned them as to who was in the hut and as to where Martin Cherry was lying
wounded. All agreed that he was not in the hotel part, but in the kitchen at the back, and
that they had left the two surviving outlaws in the main building. Immediately after this
the opposite side was cleared, and the building was raked with bullets, and I have no
doubt, in my own mind, that by 2 o’clock they were both shot dead. But as two of the
prisoners told me that they themselves had been hiding in the chimney, and that there
were some bags of oats in the building, there was the possibility of the two survivors
using these bags of grain and getting in the chimney, and reserving their last effort for
any person entering to take them.
To sum up. It appears the only casualty that occurred was to the boy Jones, who was
shot by the attacking police before they knew there was anyone in the hotel besides the
outlaws, and therefore was the result of accident. In the case of the youth Reardon, he
was shot after being expressly warned not to stir till daylight.
In Cherry’s case, there seems to be every reason to believe that he was shot by one of
the gang, as the only wound he received was from a ball which passed downwards into
his body.
From what I have stated above, the police, instead of being careless of the lives of the
prisoners, were most forbearing and cautious.
Although by the first volley of the attacking party the unfortunate lad Jones was
wounded, it disabled Ned Kelly and prevented him from carrying out his intentions (as he
told me) of walking down with the rest of the gang to the police and shooting all they
could, and seizing the train and making for Benalla to sack it, as the circumstances of his
capture next morning showed might easily have been accomplished.
CHAS. C. RAWLINS.
——————
No. 4
Tuesday, August 3, 1880.
MARTIN CHERRY’S WILL.—The registrar has granted probate to the will of the late Mr
Martin Cherry, the unfortunate man who was shot in Ones’s Hotel, Glenrowan, by the
police on the 28th June, during the encounter with the Kelly band of bushrangers. The
value of the deceased’s estate was £101.
——————
ARRIVAL OF NED KELLY IN BEECHWORTH.
A short time since we pointed out the necessity of the notorious bushranger and
murderer Edward Kelly being brought to Beechworth, as the assize town of the northern
bailiwick, wherein the majority of the numerous crimes and offences with which he is
charged were committed, and deprecated his removal to Melbourne; considering, as we
did at the time, that, apart from the legal surroundings of such a course, if adopted, that
the prisoner would be as safe—perhaps safer—in custody in the Beechworth Gaol, as in
the metropolitan prison; and any attempts at escape or rescue on the part of Kelly or his
friends could be frustrated with the greatest facility. We were, therefore, not in the least
surprised when last week we learned that the outlaw was about to be removed from the
Melbourne Gaol—where he had been confined since the time of his capture at Glenrowan
on Monday, the 28th June—to Beechworth, for the purpose of standing his trial. It may
naturally be asked by some of our readers why we did not publicly acquaint them of the
fact. Our reason for not doing so was that the police wished the strictest secrecy to be
observed in the matter, as very properly, they did not wish that an undue amount of
excitement should be caused, as would, there is no doubt, have been created had the news
become general; and besides, there is no knowing what might have been the result had a
few of the desperate men who are well known to have been, and are still, sympathisers
with the gang received information of the affair, and attempted to rescue the outlaw chief.
However, the news leaked out and became pretty generally known in the town of
Beechworth during Sunday afternoon, and crowds of persons flocked to the railwaystation in eager anticipation, to await the arrival of the train and catch a glimpse of the
notorious villain. Shortly before four o’clock the eagerness of the hundred persons
assembled was appeased by the train pulling up at the station. It consisted of a large
engine, two vans, and a first-class carriage, one of the vans containing Sergeant Steele,
and the following six constables under his command:—Falkner, Matherson, Moore,
Doherty, McIntyre, and Bracken. The gallant sergeant and Constables McIntyre and
Bracken were the admired of all admirers for the bravery evinced by them in moments of
extreme danger in their past relations to the now exterminated Kelly gang of outlaws. Mr
Labertouche, Secretary for Railways, and Mr Anderson, traffic-manager, also
accompanied the train. The crowd eagerly pressed forward to the van where Kelly was
contained; but the police, under the command of Senior constable Mullane, directed by
Superintendent Sadleir (who had made all necessary arrangements for the reception of his
prisoner as complete as possible) made a gap in the crowd to allow of the removal of
Kelly from the train to a cab which was in waiting in the immediate vicinity. On being
assisted from the van by the police, he essayed to walk, but was prevented by Constables
McIntyre and Moore gently lifting him up and carrying him, to facilitate matters. He at
first looked upon the numerous strange and eager faces directed towards him with a
mingled expression of bravado and disgust, and just prior to being lifted into the vehicle
made a savage kick with his left foot at the flanks of the horse ridden by Constable
Alexander, to show his contempt for the police; but the attempt was frustrated by his
bearers noticing it in time to draw him back from the animal, which probably have would
returned the kick with manifold force, and have injured either Kelly or the police, or
perhaps both. All being ready the word to move on was given, and one who for the past
two years has rendered himself notorious, and whose very name struck terror in the heart
of many a person in Victoria and the neighboring colony of New South Wales, where,
with the other members of the gang, he, at Jerilderie, stuck up and robbed a bank, was,
guarded by a strong body of police (fully armed, in case of emergency), driven in a cab
by Constable Magor, and escorted by Senior-constable Mullane and Mounted-Constables
McColl and Alexander to the gaol, where he was received by the governor in the usual
form, and lodged in a cell specially prepared for the purpose; Constable McIntyre being
told off to watch the prisoner that night. Kelly did not realise the expectations of many
persons who saw him on Sunday afternoon with regard to his appearance; he looking
worn out prematurely aged—although much improved since his capture—evidencing that
his bush life had materially told upon his constitution. He was attired on a new wellfitting dark serge coat, a light tweed vest, Bedford cord trousers, new boots (one of which
was cut away to ease his wounded foot—the right) and a slouched white felt hat, which
he wore in a jaunty style on the side of his head—the whole of which articles were
provided by Government, as Kelly’s clothing had been destroyed in the course of the
surgical operations which he had to undergo when his wounds were attended to.
On Saturday afternoon Mr Call, P.M., attended at the Melbourne Gaol, together with
the Chief Secretary, Mr C. A. Smyth (Crown-prosecutor), Mr Gurner (Crown-solicitor)
and other persons; when Mr Smyth applied for the remand of Kelly to Beechworth,
which was granted, the prisoner being identified by Constable McIntyre as one of the
bushrangers who murdered Sergeant Kennedy and Constables Scanlan and Lonigan at
Stringybark Creek, near Mansfield in October, 1878. It was thereupon decided to forward
Kelly to Beechworth by special train the following day; and the strictest secrecy was
observed in the matter, as subsequent events proved. At half-past eight o’clock on
Sunday morning a special train started from Spencer-street with three constables; while
Sergeant Steele and three other members of the force proceeded in a covered wagonette
to the gaol, whence they took Kelly, and drove off to Newmarket Railway-station,
without being publicly observed or the object of their mission even guessed by any but
those directly concerned in the remand. The whole party took the train at Newmarket—
there being not a single person, with the exception of the railway officials, on either of
the station platforms mentioned, nor was there any person who recognised the occupants
of the train or guessed their destination until Wangaratta was reached, where a few
persons were strolling on and in the vicinity of the platform. None of the stations along
the line, with the exception of Seymour and Wangaratta (where the engine was watered
and otherwise attended to), were touched at. The latter place was reached about midday,
and a stay lasting about half-an-hour made. When proceeding up the Big Hill, near
Beechworth, and when within twenty yards of the summit, a stoppage of about five
minutes was caused, owing to steam having been exhausted. Steam having been again got
up, the train pushed on, and arrived at its destination shortly before four o’clock. During
the whole of the journey Kelly kept up an incessant indulgence in braggadocio, and many
of his statements prove what little regard he has for the truth, and that he is a great
braggart. The following are a few instances of the nature of his conversation with his
guards:—He stated he was illegally in custody, in that no warrant for his arrest had been
shown him; and expressed a firm belief that he would not be hanged. Just after leaving
the Newmarket railway-station, he observed a number of jockeys training their horses on
the Flemington course, and called out to them that they neither knew how to ride or train
horses, and boasted that he would show them how to do so. The boys jeered him for his
remarks, but luckily did not know that they were addressing Ned Kelly. He asserted that
he could have shot every policeman in the district had he so wished, as from time to time
he had each of them covered with his rifle; and also that he could have shot,
Superintendent Nicolson and the whole of the Queensland black-trackers one day, when
near McVean’s homestead, near Greta, but refrained from doing so, and hid behind a log.
He had, he further stated, gone to the police paddocks at Wangaratta and Benalla at night
time on several occasions, and tried a number of the horses there, but found them to be
nothing but a lot of scrubbers, and therefore not worth taking. Although having no idea of
note or tune—as he admitted, remarking that all the members of his family except
himself were musical—Kelly sang two or three bush songs, extolling the deeds of the
Kelly gang, and also one of “Power’s (the bushranger) poems.” He also said that he had a
choice one—which he considered to be the “best of the lot”—but as it alluded to
Constable McIntyre, who was then present, and might hurt his feelings, he would refrain
from rendering it. When asked how it was that he had permitted Constable Bracken to
escape as he did from Jones’s publichouse at Glenrowan, without shooting him
previously, Kelly answered, “There was something about Bracken’s look and manner that
I liked; and though I seriously thought of it several times that night, I could not bring my
mind to shoot him. Bracken and McIntyre were brave men, but Fitzpatrick—he was a b—
— thing.” When the train passed Donnybrook he put his head out of his moving prison,
and exclaimed, “That’s the place where I was born.” After proceeding along some
distance, and when near Glenrowan, he became excited, and offered to fight any member
of the police single-handed, selecting Sergeant Steele (whom he advised to go to India,
for safety) as the butt of his contemptuous and altogether uncomplimentary remarks—
even going so far as to throw his coat into Steele’s face; and boasted that his (Kelly’s)
body was unpenetrable, as his ribs were one mass of bone. He pointed out different
objects and places on the whole of the way up, entering into the most minute details; and
when approaching the spot where the rails had been torn up by the gang near Glenrowan,
on being asked if he knew the place, laughed loudly and said, “I should b—— well think
I do.” He said he could easily have got away from the police when he and the other
members of the gang were bailed up in Jones’s hotel, at Glenrowan, if he liked, but
promised his companions to wait until daylight, when he intended to effectually break the
police “ring,” and was confident of his ability to do so. It was shown by many of the
remarks he let fall that the gang had been kept well posted up in the movements of the
police when in pursuit, and detailed many private conversations which had been
overheard, and the outlaws apprised of them—proving that the outside communications
which they had established were of the most complete nature. Chinamen, he stated, could
keep secrets better than any white man, and he would therefore sooner trust them; and
they had rendered him valuable service at various times. He bragged about his skill in
horsemanship, and how he could in a very short time bring the very wildest animal under
his control—instancing the favorite bay mare used by him. He also boasted that he had
manufactured his own cartridges, bullets and powder, and asked Sergeant Steele if he had
ever used any of the latter; and on being answered in the negative, said that he (Kelly)
had never seen better, and if a person once tried it he would never use any other. When
questioned as to the murder of Aaron Sherritt at Sebastopol by the gang, Kelly expressed
it as his confident opinion that Byrne did not shoot him; but although he stated that as
Sherritt was nothing but a “crawler and a traitor” and he would not scruple to have killed
him if given the opportunity, he would not say who was the perpetrator of the foul deed.
When asked by one of the police whether he thought that Hart and Dan Kelly had shot
themselves, as had been reported, the prisoner scornfully repudiated the idea; and when
in sight of the Strathbogie Ranges meditatingly looked upon the very familiar scene and
wondered aloud as to whether he would ever be there again—an expression which caused
the other occupants of the van to smile, and exchange significant glances. When
questioned with regard to his murder of Sergeant Kennedy at Stringybark Creek, Kelly
justified his action by remarking, “We were poor men and Kennedy a rich one; and what
right had he and his b—— traps coming out after us poor men to shoot us. Therefore we
shot them when we had the chance.”
As, while waiting for the arrival of the train on Sunday afternoon, our representative
overheard a person express a doubt as to whether Kelly had, when captured by Sergeant
Steele at Glenrowan, called for mercy to be extended towards him, as he was wounded,
the opportunity was taken to put the question to that officer later in the evening, when
engaged in conversation. The sergeant’s reply was to the effect that when he had Kelly on
the ground, with one hand upon his throat and the other clutching the hand containing his
(the outlaw’s) revolver, Kelly exclaimed, in piteous accents, “I’m done; I’m done; for
God’s sake, have mercy and don’t shoot.” “Did you not,” our representative asked, “feel
inclined to give him no quarter, and there and then give the wretch his quietus? “Yes,”
replied Steele, “I had for the moment’ but I afterwards considered that, having the fellow
at my mercy, it would be a cowardly thing to do, although he certainly deserved that I
should have extended not the slightest mercy towards him.”
As the cab containing the prisoner and his guards was being driven past the Empire
Hotel in High-street, the former lifted his hat and waved it over his head to a number of
persons standing on the balcony at the time among whom Were Mr Zincke, M.L.A., and
also Mrs Aaron Sherritt and her mother, but whether he recognised any one person
among the group was difficult to determine.
While mentioning Mrs Sherritt’s name, we may state that she has sent in her claim for
compensation to the Government, without naming any sum, for the assistance rendered
by her murdered husband and herself (she having cooked the meals required by the watch
party of police while stationed at her house), for the loss of her husband, and also that of
her domicile at Sebastopol.
On Monday morning persons from outlying localities, who had heard of the arrival of
the prisoner, arrived in Beechworth, and together with a large number of townspeople,
assembled in front of the police court, expecting that he would be brought up that
morning; but they were doomed to disappointment, as Kelly will not be put upon his trial
until Friday next, when the three charges of murder against him will be fully investigated
before Mr W. H. Foster, P.M., the prosecution being conducted by Mr C. A. Smyth,
Crown-prosecutor; and the defence by Mr Zincke.
Dr J. O’Brien, as locum tenens for Dr Dobbyn, the medical-officer of the
establishment (who was in Melbourne at the time), attended at the gaol and dressed
Kelly’s left arm and right foot, and wounds in which are healing rapidly. The doctor
found no fewer that twenty-three shot wounds in the lower extremities of his patient’s
body; and also that the thumb on his left hand had been some years ago dislocated, and
not properly attended to, as it is still very weak, and the slightest pressure is painful.
——————
No. 4
Thursday, August 5, 1880.
KELLY’S TRIAL.—The notorious bushranger Edward Kelly (who is now lying in the
Beechworth Gaol) will be brought up at the Beechworth Police Court at ten o’clock tomorrow (Friday) morning before Mr W. H. Foster, P.M. and charged with the murder of
Constables Scanlon and Lonigan at Stringybark Creek, near Mansfield, in October, 1878.
Mr C. A. Smyth, Crown-prosecutor, who arrived on Wednesday night, will conduct the
case for the Crown; while Mr W. L. Zincke, solicitor, will appear for the defence. A
number of police witnesses will be examined. We have been given to understand that an
attempt will be made to obtain a postponement of the case for a week. Mrs Skillion, a
sister of the prisoner, arrived in Beechworth from Melbourne on Wednesday afternoon,
and contradicted the report that her sister Kate was in the metropolis on Monday. She
attended at the gaol and applied for admission to see her brother, but was refused by the
governor, who declined to give the slightest information whatsoever regarding Kelly,
who was on Tuesday visited by Mr Foster, in his official capacity as visiting justice. With
regard to the statement made to the effect that Dr O’Brien had dressed twenty-three shot
wounds in the prisoner’s legs, we learn that such was not the case—Kelly himself having
stated that he had received the wounds referred to, but which were not dressed by the
doctor in Beechworth. Tom Lloyd, a cousin of the outlaws, arrived by train on
Wednesday night. Kate Kelly and a number of her relations and friends are expected in
town to-day (Thursday).
——————
No. 4
Saturday, August 7, 1880.
THE TRIAL OF EDWARD KELLY.—Else-where in this issue will be found a report of
Friday’s proceedings in connection with the investigation at the Beechworth Police Court
of the charge of the bloodthirsty murder of Constable Lonigan at Stringybark Creek, near
Mansfield, on the 26th October, 1878, preferred against the notorious bushranger and
murderer, Edward Kelly. It is not our intention here—even if the time and space at our
disposal had so permitted—to review the various aspects of the proceedings as they
present themselves to our mind, as the case is still sub judice, but will content ourselves
for the present with placing before our readers, as a “plain, unvarnished tale,” the various
incidents as reported by us. Mr C. A. Smyth, assisted by Mr A. W. Chomley (two of our
learned Crown Prosecutors), and Mr H. F. Gurner, Crown Solicitor, conducted the
prosecution in the most able manner possible; while mr David Gaunson, M.L.A. appeared
for the defence. With regard to the position occupied by Mr Gaunson, we may state that
Mr W. L. Zincke, solicitor, of Beechworth, had been retained for the defence, and had
had several interviews with the prisoner with that object; but early in the present week
Mrs Skillion, a sister of the outlaw, when in Melbourne, at the instance of a number of
relatives and friends, waited upon the former gentleman, and instructed him to prepare
her brother’s defence. Being unable to obtain a personal interview with Kelly, who was
confined in Beechworth Gaol, Mr Gaunson wrote to him, apprising him of his friends’
determination in changing his professional adviser. Mr Gaunson proceeded to
Beechworth on Thursday evening for the purpose of appearing at the local court of petty
sessions, where his client would be brought up, and following morning. He applied for a
remand in the case, on the ground that the necessary time to enable him to prepare the
defence had not been afforded him; but the presiding magistrate (Mr W. H. Foster, P.M.)
declined to grant the application, and the case was commenced. The evidence of
Constable McIntyre—who narrowly escaped with his life from the clutches of the
murderous gang, after seeing three of his companions-in-arms shot down, at Stringybark
Creek on the day mentioned—was taken, but not concluded; as at half-past four o’clock
the Court rose, to resume at ten o’clock this (Saturday) morning. Great public interest
was centred in the proceedings; the court-house being densely crowded in all parts in the
morning, and a number of persons were not able to gain admission into the spacious
building; but in the afternoon the police very wisely closed the front doors, and allowed
but a limited number to enter—the consequence being that the exterior of the court was
thronged by persons anxious to gain admittance. The gallery was inconveniently crowded
with members of the softer sex, this particular portion of the court having been set apart
to allow them the privilege of satisfying their curiosity from an elevated position. Mrs
Skillion, accompanied by her cousin, Thomas Lloyd, of Greta, was in the court, and
evinced a keen interest in the proceedings. Just after the adjournment of the case in the
morning, she exchanged a few words with her brother over the dock, and was about to
shake hands with him when parting, but was prevented from so doing by the police, who
removed the prisoner; whereupon she called out, “Never mind; good-bye, Ned; they’re
only a lot of curs.” An attempt was made by Mr Gaunson to secure an interview between
brother and sister, but without success. Kate Kelly did not visit Beechworth, as was
expected by many that she would, but still remains at her home at Greta. Mrs Skillion
complains bitterly of not being permitted to see her brother in private and exchange a few
words of conversation with him. With regard to the crowd which assembled in and
around the court, we regretted to see that such a large number of boys were allowed to be
present, for instead of the prisoner being regarded as a thing to be condemned by all
respectable members of society, he is being submitted to the public gaze, and made to
appear—to the youthful mind at least—in the light of a hero of romance. Therefore we
trust to-day the authorities will take steps to preclude the attendance in court of youths
under a certain age; and thus, in a great measure, prevent the creation of an amount of
false sympathy with Kelly.
——————
TRIAL OF EDWARD KELLY THE BUSHRANGER.
The Beechworth Court-house was crowded on Friday morning by persons anxious to
catch a glimpse of the notorious bushranger and murderer, Edward Kelly, who was put
upon his trial for the wilful murder of Constable Thomas Lonigan at Stringybark Creek,
near Mansfield, on the 26th October, 1878. A large number of police were in attendance.
Mr W. H. Foster, P.M., presided the Bench, on which Captain Standish, Chief
Commissioner of Police, was also accommodated with a seat.
Mr C. A. Smyth, instructed by Mr Chomley, Crown Prosecutor, conducted the case
for the prosecution; Mr David Gaunson appearing for the defence. Mr Gurner, Crown
Solicitor, was also present.
The prisoner entered the dock with an air of self-esteem and apparent indifference to
his position, and was on account of his lameness accommodated with a seat, at the
request of Mr Gaunson.
Kelly having been charged, on the first count, with the murder of Constable Lonigan.
Mr Gaunson applied for a remand, to give the prisoner that fair opportunity to prepare
his defence, which up to that time he had not had. He had no wish either to win sympathy
for the accused, or to reflect upon the authorities; but regretted that he was bound to say
that the Government, in refusing admission to Kelly’s relatives and friends, when they
applied to see him at the gaol, had not given him a fair opportunity to enable him to
prepare his defence. It was true that after he was lodged in the Melbourne Gaol it was
considered uncertain as to whether he could live, and when and where the preliminary
examination in his case would take place. Mr Gaunson here made application to the clerk
of courts to be permitted to see the indictment against the accused, and on the request
being complied with, pointed out that the offence mentioned had been committed at
Stringybark Creek. Now, he would ask, where was the nearest court of petty sessions to
that place? Benalla. Therefore, he again asked, why had the law in this instance been
departed from? However dark the offences with which a man was charged might be, the
British law insisted that a man must be deemed innocent until proofs of guilt were
established. He would not deny that the authorities were in a measure justified for the
action taken by them in the matter. But the refusal to Kelly’s sister on making application
at the gaol to see her brother was a monstrous thing, and one which deserved to be
spoken of in the harshest terms. The whole force of the legal authorities of the colony
were arrayed that day against the accused, and yet he was not allowed to see his friends
and make the necessary preparations for his defence. Until such were allowed, justice
could not be done.
Mr C. A. Smyth, on behalf of the Crown, opposed the application for a remand. With
regard to Mr Gaunson’s statement that Kelly had been debarred from communication
with his professional adviser, he would state that Mr Zincke, who had at first been
retained for the defence, had seen him several times; and the Crown had nothing
whatever to do with the change of attorney which had since taken place. Besides, the
prisoner had since been in communication with his legal adviser. It would, in Mr Smyth’s
opinion, be inconvenient, if not dangerous, to grant the remand applied for. The prisoner
was not appearing at the court that day on his defence; but the present proceedings were
merely a preliminary investigation for the trial which would be held in a higher court.
The reasons for the prisoner having been debarred from seeing his friends were of great
weight. To Mr Gaunson’s assertion that the prisoner should have been brought up at the
nearest court of petty sessions to Stringybark Creek, where the murders which the man
then in the dock was accused of having committed, he would point out that the
jurisdiction of the Beechworth court was the jurisdiction of the bench sitting in a court in
any part of the bailiwick. It was therefore quite competent for His Worship then sitting on
the Bench to hear the preliminary investigation in the case; and it was a matter of the
most urgent necessity that the accused should be, for safety, lodged in Beechworth Gaol.
This was not the court where the defence would be gone into. (Mr Gaunson: “Yes it is.”)
He would have no objection after the case for the Crown had been closed, to allow the
remand asked for, to enable witnesses for the defence to be brought forward. The
evidence of the chief witness for the prosecution had been already made public.
Mr Gaunson contended that the statements uttered by Mr Smyth were not only
unsound law, but were opposed to all common sense. If the present was not a prima-facie
against his client, then, he submitted the man should be discharged. How was it possible
for him (Mr Gaunson) to prepare the defence, if he were not seised with the facts of the
case? Mr Smyth had stated that the chief witness’s evidence had been published in the
newspapers, but he had not read it; or if he had, had no idea at the time that he would
have to undertake the defence o Edward. Therefore he has not able to proceed with such
defence at that particular time. The fact could not be got over that the ordinary course of
British law had been departed from by the Government in this instance What danger was
there in a sister seeing the prisoner in gaol when the latter was confined in a cell and they
were kept some eight or ten yards apart, and asking him questions regarding his defence?
It was, the speaker asserted, a monstrous tyranny; and he would fail in his duty if he
failed to denounce it. It had been said by the learned Crown Prosecutor that he had no
right to occupy the position he held that day.
Mr Smyth: The words were made use of in a private conversation; and if you
overhead them, sir, you need not have repeated them.
Mr Gaunson: Then you should not make such a statement in my hearing. I will now
(addressing the Bench) ask your Worship whether you will grant the remand I apply for.
His Worship granted the remand until two o’clock that afternoon; and the court
adjourned to that hour.
Mr Gaunson rose to object to a remand for so short a time; but was informed that the
court had closed.
On the court resuming.
Mr Gaunson thanked His Worship for having granted an adjournment, and said that
he had since the court closed read the account published in the “Argus” of the
proceedings of the prisoner at the Wombat and subsequently, but had been unable, owing
to the very short time at his disposal, to digest them. He would therefore asked for a
further adjournment of the case for a week, to enable him to prepare a proper defence.
The learned Crown Prosecutor were anxious to do their duty to the state, but owing to the
action taken by the late Chief Secretary, in having given peremptory orders that the
prisoner should not be permitted to see any persons except the officials, he had not
received the treatment he should have had. Therefore in this instance might had proved
stronger than right, and legal authority had been disregarded. A prisoner, in such a case as
the present one, must have free access to his friends, and vice versa, to enable him to
prepare his defence. He was not, as he had been regarded, the prisoner of the InspectorGeneral of Penal Departments, but the prisoner of the sheriff, whose officer the keeper of
the gaol really was. What should have been, in the first instance, ascertained was whether
there was any real danger in the prisoner’s friends being allowed to visit him. He (Mr
Gaunson) would enter his respectful protest against the course which had been granted
throughout, and defend him as he was against two old, able and experienced prosecutors
for the Crown. Then, with regard to the dangers care which had been set up by the
authorities, it reminded him of an essay by Montaigne wherein that writer affirmed that
“cowardice was the mother of cruelty.” A large number of police were arrayed in the
court-house that day, with loaded rifles and revolvers in their possession ready at any
moment to shoot down anyone, if occasion required. He maintained that the accused
should be treated like a human being, at the least, and not as a wild beast.
His Worship stated that as Mr Gaunson had expressed an opinion that the Crown
Prosecutors were present in court that day to do their duty, he hoped that that gentleman
would extend that opinion towards himself (Mr Foster). (Mr Gaunson: “Certainly, your
Worship.”) He must decline to grant the application made. At a future stage of the
proceedings, if necessity arose, he would consider it; but at present the case must go on.
Mr C. A. Smyth, in opening the case for the Crown, said that it would be mere
affectation to presume that His Worship was not acquainted with the history of the
accused during the past twelve or eighteen months. In bringing forward the case that day,
he did not wish to make a sensation, but merely to investigate the charge preferred
against accused, and make a brief and dry narrative in introducing the evidence. The
charge was one of wilful murder, and the murdered man was Thomas Lonigan, a
constable of police stationed at Mansfield in October, 1878. A warrant was out for the
arrest of accused, and also of his brother Daniel Kelly; and two separate parties of police
set out from Mansfield to accomplish that object—one party being led by Sergeant
Kennedy, accompanied by Constables Lonigan, Scanlon and McIntyre—three of whom
were murdered, and the fourth (McIntyre) escaped, and would give evidence that day.
They camped at Stringybark Creek, and on the 26th October McIntyre and Lonigan were
surprised by four men, who called upon them to “bail up and throw up their arms.”
McIntyre, who was unarmed at the time, threw up his hands, and was covered by a gun
held by Kelly—who, with his brother Dan, was one of the bushrangers—with which
weapon all the members of the gang were armed. Lonigan made a move towards a log,
and Kelly (the accused) fired at him. The bullett having struck him in the temple, he fell,
and died shortly afterwards. The gang then searched the police hut, and stripped it of all
firearms found there. It was not necessary to detail the conversations which took place.
Mr Gaunson, at the instance of the prisoner, here asked that all witnesses for the
prosecution be ordered out of court. The request was complied with—Constable
McIntyre, Senior-constable Kelly and Constable Bracken retiring.
Mr Smyth resumed: McIntyre subsequently made his escape, and some few days after
the murder gave evidence at the inquest on the bodies, which had been published. (Mr
Gaunson interjected that he had not seen the evidence, which had not been published in
the “Argus.”) McIntyre’s statements would be corroborated by the evidence of various
witnesses who would be called. Daniel Kelly proposed to handcuff McIntyre; but Edward
said, tapping the rifle which he then held in his hand, that he had a better guarantee for
his safe appearance. The other two constables—Kennedy and Scanlon—were then heard
coming through the bush; and McIntyre asked Kelly to promise that if he got them to
surrender, he would not shoot. Kelly gave the required promise. McIntyre told Kennedy
of the position in which they were placed, and advised him to surrender; but, tapping his
revolver, he replied that he would not do so. He was then shot down; as was also,
afterwards, Scanlon. McIntyre escaped, and, after going through great hardships, gave
information of the affair to the police. Next morning search parties were organised , and
the bodies of Lonigan and Scanlon discovered; that of Kennedy being found at a short
distance from them. The death of Lonigan was almost instantaneous. Every effort was
then made to the police to trace the gang of murderers, but proved fruitless; and nothing
was publicly heard of them until the 9th or 10th of December—some six or seven weeks
after the above-mentioned occurrence—when they stuck up Younghusband’s station,
near Euroa, and having made certain persons prisoners there, robbed the bank at Euroa.
The prisoner had made admissions that he had shot the unfortunate man Lonigan—which
three witnesses would prove. The next outrage that the gang committed was at Jerilderie,
New South Wales, where they stuck up and robbed the bank, and bailed up a number of
persons. (Mr Gaunson interrupted, remarking that such statements had nothing to do with
the case.) Mr Smyth stated that he mentioned these facts merely to show that in each
instance the prisoner made admissions bearing on the present case. The gang then went
into hiding, and were not heard of for a considerable length of time, until five or six
weeks ago, when they took up the rails on the railway-line near Glenrowan. It was not his
(Mr Smyth’s) intention to go into the circumstances which occurred on that occasion; but
merely to introduce certain pieces of evidence. A man was shot at Sebastopol by
members of the gang, who subsequently at Glenrowan, knowing that the police were
coming up, took up some rails, with the object of wrecking the train and murdering its
occupants. This was frustrated, and the police that morning encountered the gang. Kelly,
who was the leader, fired at the police, who returned the fire; and the only time the
former appeared in the open—except when he had his victims covered either with his
rifle or revolver—was on this occasion, when he was covered with bullet-proof armor.
(Mr Gaunson interjected that Mr Smyth had no right to influence the public mind, as he
was doing, in imputing cowardice to the man.) He was soon after shot down, wounded,
and captured. McIntyre asked the prisoner whether his (McIntyre’s) evidence, as
published, was correct; and he said in the presence of Senior-constable Kelly, that it was.
(Mr Gaunson again objected to such remarks being used.) When the statements of the
various witnesses to be brought forward were heard, they would corroborate the
statements made by McIntyre. He (Mr Smyth) did not wish to deal with the case
exceptionally, but in the same manner as he would any other case of murder. At the close
of the evidence to be adduced, he would ask His Worship to commit the prisoner for trial
for the murder of Constable Thomas Lonigan.
Thomas McIntyre deposed: Am a constable at present stationed at Richmond depot.
In the month of October, 1878, was stationed at Mansfield. On the 25th of that month, in
the morning, left Mansfield with Sergeant Kennedy and Constables Lonigan and Scanlon.
We left about 5 o’clock in the morning, for the purpose of searching for Edward and
Daniel Kelly, for whose arrest warrants had been issued. The Edward Kelly whom we
were in search of is the prisoner now in the dock. We camped that day at Stringybark
Creek, about 20 miles from Mansfield. All four of us were on horseback, and armed.
When we reached Stringybark Creek, we camped in an open place which had been
previously used as a camping-ground, there being the remains of a hut there. The country
was thickly wooded, and there were a number of fallen logs lying about at the time. The
photograph (produced) of the locality is a correct one. The open space was about an acre
or two in extent. We had a tent with us, and remained there camped that night. Our horses
were secured—some tied up and some hobbled. Nothing occurred during the night. At
daybreak in the morning we had breakfast; and Sergeant Kennedy and Constable Scanlon
went away on patrol, each having a revolver, and Sergeant Kennedy also a Spencer
repeating rifle. Lonigan and I were left in charge of the camp. We each had a revolver,
and also a fowling-piece between us. I was engaged in baking bread and fixing up the
tent during the day; Lonigan looking after the horses (three, two riding and one pack
horse) and reading a book meanwhile. Sergeant Kennedy and Scanlon left about six
o’clock in the morning. Between twelve and one o’clock Lonigan directed my attention
to a noise down the creek. Went down to search for the cause of the noise in the locality.
Could not find the cause of the noise, and thought it was a wombat. Then returned to the
camp, having, in coming back, fired two shots at some parrots. On my return to the camp
I reloaded the gun with small shot, and left it in the tent. Lonigan and I about four o’clock
in the afternoon built a large fire, to show Kennedy and Scanlon the way home in the
event of their being bushed. Where we built the fire was near two logs, about twenty
yards from the tent. We had finished building it about five o’clock. About ten minutes
previously I went to the tent to get the billy to make the tea. I had the tea made, and
Lonigan was standing on the opposite side of the fire to me. I was standing also, and
suddenly heard some voices calling out “Bail up; hold up your hands.” I quickly turned
round, and saw four men, each holding a gun and each pointing it in the direction of
Lonigan and myself. I noticed the right-hand man of the party particularly, and saw his
gun pointed directly towards my breast. I immediately held out my arms horizontally. As
soon as I did so I saw the same man remove the gun a little towards his right hand and
fire it, at Lonigan, who had started to run. Lonigan was standing on the opposite side of
the fire to me, at a distance of ten or twelve feet. He was running towards a tree, and was
about forty yards distant from the man who fired at him. I heard him falling immediately
after the gun was fired. He had taken about four or five steps before he fell. Did not see
him fall, but heard him breathing heavily and stertorously. The prisoner, Edward Kelly,
was the man I alluded to as the “man on the right.” The four men were in a line and about
two or three yards’ distance from each other, and the same distance from us as Kelly—
forty yards. Kelly, as soon as he had discharged the gun, threw it into his left hand; put
his right hand behind his back and drew a revolver. He cried out to me, “Keep your hands
up; keep your hands up!” I put my hands up to the level of my head. At this time my
revolver was hanging in the case to the ridge-pole of the tent, in which the fowling-piece
was. Kelly and the three others rushed up to where I was standing, and stood at a distance
of about three yards from me; the three of them covering me with their guns and prisoner
with his revolver. I kept my hands up all the time. Prisoner said to me, “Have you got any
firearms?” I replied, “I have not.” About this time I heard Lonigan cease to struggle and
breathe. He had been struggling very heavily and plunging along the ground. He was
about ten yards from me, and I heard him say, “Oh, Christ; I am shot,” just as the gang
were rushing up, and about two seconds after he was shot. He ceased to struggle after
about half a minute had elapsed. In a few minutes afterwards I saw that he was stretched
out on his back, motionless and dead. After I had told prisoner that I had no firearms, he
asked me, “Where is your revolver?” I replied, “At the tent.” He said to his mates, “Keep
him covered, lads.” They kept me covered with their guns while prisoner searched me.
He passed his hand over my body—under my coat and down my trousers. Believed he
was searching for firearms, but found none upon me. He then jumped across the log and
went in the direction of where Lonigan was lying. Did not see him do anything near the
body. He remained away a moment, and came back with Lonigan’s revolver in his hand I
was under cover all the time. Prisoner said, “Oh dear; Oh, dear; what a pity that man tried
to gat away.” One of the others said, “He was a plucky fellow; did you see how he caught
at his revolver”—at the same time passing his right hand spasmodically by his side. It
was Daniel Kelly, brother of the prisoner, who spoke. The prisoner then went over to the
tent. The other three remained, but lowered their firearms. I remained still in the same
place. They all went into the tent. Appealed to the prisoner, and said, “What is the use of
putting the handcuffs on me.” He said,” Don’t put them on him. This (tapping his rifle) is
better than handcuffs.” To me he said, “Don’t try to go away. If you do, I will shoot you.
The b—— would as soon put them on us as we would go at them.” They went to the tent,
leaving me standing. The whole four were there at the time. Recognised the photographs
since. The prisoner called me over to the tent. He was sitting down with the gun with
which he shot Lonigan across his knees. He said, “That is a curious old gun for a man to
go across country with.” I said, “It is better than it looks.” He said he would back it
against any gun in the country. From its appearance I took to be a rifle. It was tied by
waxed strings from the lock to the barrell. Was close to the tent at the time. Prisoner said,
“Who is that?” and nodded in the direction of Lonigan’s body. I said “That’s Lonigan.”
He said it was not; that he knew him well. I said “Yes, it is Lonigan.” He said “I am glad
of it; for the b—— gave me a hiding at Benalla one day.” I identified Joseph Byrne at
Glenrowan. Byrne got the tea that I had made, and asked me to have a drink. This was
before any of the four had taken tea themselves. They all drank. Before doing so, prisoner
said, “Is there any poison about it?” I replied “No.” Whilst having tea prisoner took our
fowling-piece and drew the charges out of the two barrels. He pricked the ends of the two
cartridges and extracted the shot, which he replaced by bullets from his pocket. Having
reloaded, he handed it to Byrne, and said, “You take that, and give me yours.” Byrne’s
was an old-fashioned one, with a large bore. He said to me, “There is one for you, if you
don’t obey.” The prisoner had at that time his own and Byrne’s guns. Byrne said, “Do
you smoke, mate?” And I said “Yes,” giving him some tobacco. We then both had a
smoke together; as did also the prisoner, with tobacco supplied him by me. About this
time the prisoner, addressing his mates, said, “That will do; take your places.” Then,
taking the two guns, one of them hid himself behind a log. Hart went into the bush, and
Byrne went towards some spear-grass near the open. After concealing himself behind a
log, prisoner called me over and directed me to stand on the opposite side of where He
was concealed. I obeyed. When he asked me, “Who showed you this place?” I replied,
“No one; it is well known to all people about Mansfield.” He then asked, “How did you
come here?” I said, “We crossed Holland’s Creek, and followed the blazed line.” He then
asked who we were and what brought us there. I replied, “You know very well.” He said,
“I suppose you came after me.” I said, “No, I do not know that we came after you.”
“Well,” he said, “you came after Ned Kelly, then.” I replied, “Yes.” He said, “You b——
came to shoot me, I suppose.” I said, “No; we did not. We came to apprehend you.” He
then asked why we brought so much arms and ammunition. I said, “We brought fowlingpieces to shoot kangaroos.” He then asked “Who was shooting down the creek to-day.” I
said, “I was shooting parrots.” He said “That was very strange; did you not know we
were here.” I said, “We thought you were ten miles away, over there” — pointing
towards Greta. He asked when we expected Kennedy and Scanlan home. I said I thought
they were bushed, and would not return that night. He previously asked me, after
returning from the body of Lonigan, “Where are the others;” and I said they were out. He
then asked which direction they had taken, and I pointed towards Benalla. He said,
“Perhaps they will never come back; for there is a good man down the creek, and if they
fall in with him they never will come back.” He enquired their names and stations; and I
said one was Constable Scanlon, of Mansfield; and the other Sergeant Kennedy, of
Benalla. He said, “I never heard of Kennedy; but Scanlan is a flash sort of fellow.” I
asked what he intended doing to the men, and said, “Surely you do not mean to shoot
then, in cold blood; for if you do, I would rather be shot a thousand times myself than tell
you anything about them.” He said “I like to see a brave man, and would rather not shoot
them. You must get them to surrender. I would shoot no man if he will hold his hands up
and surrender.” I said “What do you intend doing with me; are you going to shoot me?”
He said, “No; what would I shoot you for? I could have shot you half-an-hour ago when
you were sitting upon that log, if I had wanted to;” and pointed to a point of the log on
which I had been sitting about half-an-hour ago. He said “At first I thought you were
Flood” (a constable of police); “and it is a good thing you are not; because if you had
been I would not have shot you, but I would have roasted you on that fire. There are four
men in that police force who I would like to roast. They are Fitzpatrick, Flood, Steele and
Strachan; for Flood has been blowing that he would take me single-handed.” He also
asked, “How are these men armed?” I said, “They are armed in the usual way.” He said,
“How is that? Have they got their revolvers?” I said, “Yes; they have revolvers.” He said,
“Have they got a rifle with them?” I hesitated to reply; and he said, “Mind, now; for if I
find you out in telling a lie, I will put a hole through you.” I said, “Yes, they have got a
rifle.” He said, “What sort is it? Is it a breech-loader?” I said, “Yes; it is a breech-loader.”
He said, “Well, that looks very much like as if you came out to shoot me.” I said, “You
cannot blame the men. You know they’ve got their duty to do, and must do it.” He said,
“They’re not ordered to go about the country shooting people.” I did not reply; and he
continued, “What became of the Sydney man?” I knew he referred to the murder of
Sergeant Wallings. I said, “He was shot by the police.” He said, “If the police shot him,
they shot the wrong man. I suppose some of you b—— will shoot me some day; but
before you do, I will make some of them suffer.”
At this stage the court was adjourned until ten o’clock the following (Saturday)
morning.
Mr Gaunson made application, while the Crown prosecutors were present, that the
prisoner’s sister, Mrs Skillion, be permitted to see him; and asked the Bench not to take
notice of what he termed the irregular and illegitimate proceedings which had taken
place.
His Worship promised to give attention to the application.
Mr Gaunson subsequently had a private interview with His Worship, who informed
him that under no circumstances could the application be entertained.
——————
No. 4
Tuesday, August 10, 1880.
THE KELLY INVESTIGATION.—The investigation of the charge of murder preferred
against Edward Kelly was advanced further stages in the Beechworth Police Court on
Saturday and Monday, when the lengthy and conclusive evidence of Constable McIntyre,
the hero of the Stringybark Creek shooting affair, was continued and concluded, and that
of Dr Samuel Reynolds, who conducted the post-mortem examination on the bodies of
the murdered constables; of George Stevens, James Gloster and Frank Beecroft, who
were stuck up by the bushranging gang at Younghusband’s Station, near Euroa, in
December, 1878, prior to the robbing of the bank at the last-named place also taken. A
full report of the proceedings will be found in other columns of the present issue, and will
be found more interesting—throwing as they do fresh light than has hitherto been elicited
upon the misdeeds of the gang. The investigation will further extend, in all probability
over three days—there being half-a-dozen witnesses still to examine.
——————
THE KELLY INVESTIGATION.
The investigation into the charge of the murder of Constable Lonigan at Stringybark
Creek on the 26th October, 1878, preferred against Edward Kelly, was continued in the
Beechworth Police Court on Saturday.
The examination of the principal witness, Constable McIntyre, was resumed as
follows:—Kelly said, “For you know I am no coward; that b——y Fitzpatrick is the
cause of all this. Those people lagged at Beechworth the other day no more had revolvers
in their hands than you have at present. These are the men that were there,” and he
nodded towards his mates. One was in the spear-grass, and the other in the tent. I said,
“You cannot blame us for that Fitzpatrick did to you.” He said, “No; but I almost swore
after letting him go that I would never let another go. And if I let you go now, you will
have to leave the police force.” I said, “I will; my health has been bad, and I have been
thinking of going home.” I said, “If I get these two to surrender, what will you do with
us?” He said “You had better get them to surrender, or if you don’t, we will shoot you.
But we don’t want their lives, only their horses and fire-arms.” During the conversation,
the prisoner was watching down the creek occasionally. He had the two guns laid up
against the log. I thought I might by a sudden spring get one of the guns. I took a short
step, to be ready for a spring, and Hart, who was in the tent, cried out excitedly, “Ned,
look out, or that b——r will be on the top of you.” The prisoner coolly looked up; and
said, “You had better not, mate, because if you do you will soon find your match, because
you know there are not three men in the police force a match for me.” He said, “Are there
any others out?” I said, “Yes, there is another party to leave Greta.” He asked me who
they were, and I said, “I do not know. They were under the command of Sergeant Steele.”
It was now getting late, and I thought the men would be home shortly. I said, “I will try to
get the men to surrender if you will promise not to shoot them.” A moment afterwards
Kennedy and Scanlon came in sight. Prisoner said, “Hist, lads, here they come,” and to
me, “You go and sit on that log and give no alarm, or I’ll put a hole in you.” I went to the
log, 10 or 12 yards off, and had scarcely time to sit down, when the men came within 40
or 50 yards from where I was. They were on horseback, and walking their horses slowly.
Kennedy was about 12 yards in advance of Scanlon. I saw them coming on. I don’t
remember whether Kelly said anything or not. I stepped towards them, and said to
Kennedy, “Oh, Sergeant, you had better dismount and surrender; for you are
surrounded.” At the same time the prisoner said, “Bail up, and hold up your hands.”
Kennedy smiled, and playfully put his hand on his revolver. Immediately he did so the
prisoner fired at him and missed him. Kennedy’s face assumed a serious aspect, and I
turned round and looked back at the prisoner and his mates. I saw his mates coming up,
one from the tent, and two out of the spear-grass. They had their guns in their hands, and
as they advanced, said “Bail up; hold up your hands.” The prisoner, when he fired, was
on his right knee, behind the log. Kennedy must have seen his head and shoulders before
he fired. At the time the other three were advancing, the prisoner threw down his
discharged gun, and picked up the one that was loaded, which he pointed in the direction
of Scanlon. I again looked at Kennedy, and saw him throw himself on his face on the
horse’s neck, and roll off the off side of his horse. At the same time there were four shots
fired, and Scanlon, who pulled up about 30 yards from where the prisoner was concealed,
and was in the act of dismounting from his horse, when he first heard the voices crying,
“Bail up,” fell upon his knees. He caught at his rifle, as if he would take it off his
shoulder, and endeavoured to get upon his feet. He again fell upon his hands and knees,
and in that position was shot under the right arm. The prisoner covered him, but there
were three or four shots fired at the same time. Any of the others might have struck him.
The prisoner covered him and fired. No time elapsed between the shout, “Bail up,” and
the shots fired. Seeing Scanlon fall, I expected no mercy from any of the party, and
caught and mounted Kennedy’s horse, which was close to me. Before I mounted, the
horse was restive with the firing, and turned his head north and moved about the full
length of himself whilst I was struggling to get into the saddle. Having mounted, I got the
horse to start, after a little trouble, and escaped. Kennedy must have seen me mounting,
but he said nothing. While I was riding away a number of shots were fired, but at whom I
could not say. I saw the blood spurt on Scanlon’s coat immediately after he was shot
under the right arm; and he lay over on his back. I rode in a northerly direction for about
200 yards from the camp, and then I turned westerly. Due west would have taken me
direct to the telegraph line between Benalla and Mansfield. I was torn off the horse by the
timber. Remained in the bush all night, and got into Mansfield on the following (Sunday)
morning. I wandered in the bush, and lost my way, having first made for the telegraph
line and then changed my mind. I arrived in Mansfield about 3 o’clock p.m. and reported
the matter to Sub-inspector Pewtress. A search party of police was organised, and I
accompanied them, about two hours subsequently. It was almost dark when we started.
We got back to the scene of the murders about one or two o’clock on the Monday
morning, and found the bodies of Constables Lonigan and Scanlon where I had first seen
them—both dead. Then made search for Kennedy, but did not succeed in finding him.
Our tent was burnt down, and what part of our property that was not burnt had been
removed. All we found was a tin plate which had withstood the fire. Mr Pewtress came
out in charge of the party. Dr Reynolds, the medical gentleman who afterwards made the
post-mortem examination of the bodies, arrived on the scene about daylight. Showed the
bodies to the doctor, who examined them. They were then taken into Mansfield, which
was reached that day. We took them to the Wombat Sawmills, owned by Mr Monk, on
pack-horse, and thence into Mansfield in a waggon. Was present at the magisterial
enquiry on the body of Lonigan. Dr Reynolds made a the post-mortem examination, and
pointed out one bullet to me as having been extracted from the body. Saw three bullets
altogether at the enquiry. Was not one of the party who found Sergeant Kennedy’s body,
but saw it at Mansfield on Thursday, 31st October. A magisterial enquiry was also hold
upon it. Kennedy when he went on patrol had a gold watch. Saw it for the last time when
he was winding it up in the tent. It was a valuable gold watch. I never saw the prisoner
Kelly again until I saw him at Glenrowan on Monday, 28th June. Since the police
murders at Mansfield, I have been attached to the detective department in Melbourne.
When I reached Glenrowan, on the 28th June, the prisoner had been arrested.
The Crown-prosecutor was about to question the witness with reference to
conversations with the prisoner at Glenrowan, but Mr Gaunson objected, contending that
the police had no right to have badgered the prisoner when he was lying wounded at
Glenrowan; and quoted from a handbook published by Mr C. H. Gurner, Crown-solicitor.
If this style of thing were to be permitted, there would be nothing to prevent a policeconstable going into a cell and pounding his prisoner, and compelling him to make
statements which would be used as evidence against him.
Mr Smyth said that according to the 57th section of the Evidence Act, the statements
referred to could be accepted as evidence.
His Worship said he was acquainted with the section of the Act referred to.
Witness resumed: Senior-constable Kelly was present during the whole conversation
which I had with the prisoner. Kelly said, pointing to me, “Do you know this man.”
Mr Gaunson again interposed that it was a blackguard proceeding on the part of any
police-constable to go to a prisoner lying wounded, as Kelly was, for the purpose of
extracting statements with a view to bolstering up the incomplete chain of evidence
regarding the prisoner’s identification, which the police possessed. He had no hesitation
in saying that if His Worship accepted the statements about to be made as evidence, he
would be over-ruled in the Supreme Court.
His Worship said that he was quite willing to accept the responsibility of taking any
evidence which he considered was evidence, and as such he deemed that about to be
given by McIntyre. Therefore he would overrule the objection.
Witness again continued: Prisoner said, “No; it’s Flood, is it not?” I said, “No, you
took me to be Flood the last time we met.” He said, “Oh yes; it’s McIntyre.” I said, “You
remember the last time we met.” He said, “Yes, I do.” I said, “Did not I tell you on that
occasion that I would rather be shot than tell anything that would lead to the death of the
other two men.” He turned to Senior-constable Kelly, and said “Yes, he would rather be
shot himself than lead the other two men into trouble.” I said, “When I turned suddenly
round, you had my chest covered.” He said, “Yes, I had.” I said, “And when I held up my
hands you shot Lonigan?” He said, “No, Lonigan got behind some logs, and pointed his
revolver at me. Did you not see that?” I said, “No, that’s only nonsense.” I then said,
“Did Kennedy fire many shots at you?” He replied, “Yes; he fired a lot. He must have
fired nearly two rounds of his revolver.” I said, “Why did you come near us at all, when
you knew where we were? You should know where we were? You should have kept out
of the way.” He said, “You would have soon found us out, and if we did not shoot you,
you would have shot us.” He also said, “Our horses were poor, our fire-arms were bad,
and we wanted to make a rise.” I asked him did I show any cowardice, and he said “No.”
The conversation in the cell lasted only a few minutes. (Mr Gaunson here objected to all
this evidence.) I then left him in the cell.
To Mr Gaunson: Am an Irishman, and about 35 years of age. Have been to
Melbourne since the Wombat affair. Arrived at the Richmond depot on the 1st of
November. Have been down in the Melbourne district ever since. Volunteered to go to
Glenrowan, and asked the Chief Commissioner’s leave. Told him I could identify the
prisoner and his mates. This was on the 28th of June, after the house had been burned
down. Saw the bodies of two men that had evidently been burned—they might have been
women, for anything I know. The Chief Commissioner said, “Can you recognise the
prisoner?” I had previously seen him. The Chief Commissioner afterwards said, “Is Kelly
much changed?” On the Tuesday I went into the lock-up at Benalla with Senior-constable
Kelly. Had heard he had been speaking about me. Heard he had mentioned my name
during the night. Got access to his cell, through Senior-constable Kelly. Went to see the
prisoner in the barrack-room. Senior-constable Kelly said, “All right.” When we arrived
at Benalla the lock-up keeper was absent. Constable Kelly might have asked for the key
of the lock-up. It was the duty of the police to visit the cell occasionally. I need not have
gone unless I had liked. Kelly was wounded at the time, and lying down. I knew he was
wounded in one of the arms. His mental condition was sane, seemingly. Senior-constable
Kelly was with me. He did not take any written notes in the cell, or in my sight. I had no
conversation with Kelly afterwards, until the day before yesterday. I slept in the barracks
at the camp last night. The night before I slept in the Beechworth Gaol. Sub-inspector
Kennedy and I have had no conversation since he came to Beechworth. Constable Kelly
and I never compared notes. I told Kelly what my evidence would be, and asked him if it
was correct. He said “Yes.” The only persons in the cell at Benalla were myself, Seniorconstable Kelly and another constable. I am aware I am the principal witness against the
prisoner. A number of statements have been taken by the reporters. A limited number of
reporters have had free access to me. I gave my first report to Superintendent Sadelir in
writing. Addressed the report to the officer in the district. Wrote the report at Mansfield
on the Sunday at the police station. Constables were passing in and out. Maude was clerk
in the superintendent’s office. Read the “Age,” but, being a poor man, cannot afford to
take the “Argus.” In writing my report at Mansfield, I should have said Kelly shot
Scanlon, and believe I did, but I was very excited at the time. Never, to my knowledge,
saw any of the outlaws before the 29th October. Knew Kelly by his description in the
“Police Gazette.” Do believe he attempted to murder Fitzpatrick. Had seen his mother
and sisters, and knew him by a family likeness. Had seen Kelly’s photo, in Kennedy’s
possession. It had been taken at Pentridge 7 or 8 years ago. He is described as being born
in 1856. He had hair on his face when I first saw him. Was not guided alone by the photo.
Remember an “Argus” reporter interviewing me at the Richmond depot, about a week
after the murder. Put my statement down in writing, and have often read it over. Do not
know whether the police have a photo of the prisoner. We went out to search and arrest
two brothers named Edward and Daniel Kelly, for whom warrants had been issued—
against Edward Kelly for having attempted to murder Constable Fitzpatrick at Greta;
against Daniel, for aiding and abetting. We were all armed with the regulation revolver,
and Sergeant Kennedy borrowed a fowling-piece from the Rev. Mr Sandeman. We
expected resistance, but not attack. Had no warrant, but could not swear whether any
members of the party had one or not. We started from Mansfield at five o’clock, at break
of day, on the morning of the 25th of October, 1878. That night, when camped, Sergeant
Kennedy said there was some kangaroos down the creek, and asked me to have a shot at
them. Went down, but returned without firing. Was present in court on the 9th October,
1878, when Mrs Kelly, Skillion and Williamson, were tried, and heard Constable
Fitzpatrick give his evidence. Heard that Mrs Kelly was sentenced to three years’
imprisonment, and Skillion and Williamson to six years’. Also heard that Mrs Kelly’s
infant went to gaol. Believe that the attempt at murder of Fitzpatrick took place on the
15th of April. There was £100 reward for the arrest of Kelly. We did not intend to shoot
him unless he resisted with firearms. We always carry our revolvers when in the country
on duty. Fitzpatrick is not at present a member of the police force, but had been
discharged. Do not know why he was dismissed. If he had possessed the qualities of
truthfulness, uprightness and decency he would not have been dismissed; but even if he
had been possessed of those qualities and had been guilty of some indiscretion, he might
have been discharged. Constable Fitzpatrick was the only witness who gave evidence
against the prisoner’s mother at the trial. I knew Fitzpatrick, whom I had met casually
two or three times, and thought him to be a decent young fellow. Mrs Kelly, Skillion and
Williamson were sentenced in this court on the 12th April, 1878, to the terms of
imprisonment mentioned. We sought very often for Edward and Daniel Kelly, previous to
this, for horsestealing, without a warrant. I did not know of any information having been
given at the time of their whereabouts. We were in plain clothes, but not disguised as
diggers. We, as policemen, are not ashamed of our uniforms. Cannot say whether there is
any regulation about our assuming plain clothes. I was acting under the instructions of
Sergeant Kennedy. When the gang cried out, “Bail up; throw up your hands,” there was
nothing said to the effect that “We do not want to take life; we only want your arms.”
Kelly said “That b—— Fitzpatrick is the cause of all this.” I said, “You cannot blame us
for what Fitzpatrick has done.” I will not swear that did, he or did not, say, “I know that.”
Do not remember whether there was anything said about Sergeant Steele having given
evidence at the trial of Kelly’s mother. I was quite cool the first moment the bushrangers
bailed us up. Kelly called out in a quiet tone of voice to his mates, who were standing
about thirty yards away, “Hist, lads; here they come.” I walked towards Kennedy and
spoke to him, first at a distance of six or eight yards. Instantly Kennedy’s horse was
abandoned I jumped upon it and escaped. The thought of so using the horse as a means of
escape never entered my mind before I saw it abandoned. I would not swear that
Kennedy was not dead at the time I got on the horse. I did not look round, after mounting
the horse, as had I done so, I would have rushed against some timber. The prisoner fired
at Kennedy, but missed him. Heard another shot, and saw Kennedy shot. I did not expect
to escape. I cannot say what the feeling of the public is towards the prisoner. I cannot
speak for other men. I have had conversations with my comrades. Have often talked
about Kelly. Have seen Dwyer and Steele, and spoken to them. (Mr Smyth here objected
to a certain question, put by Mr Gaunson, as to the general feeling of the police towards
the prisoner.) As far as I can reccollect, I have not heard anyone say they would desire to
see the prisoner sentenced to death. I cannot answer for other people’s feelings. I do not
know whether Steele wishes to see the prisoner convicted.
This concluded the witness’s evidence and
Mr Gaunson addressed him thus: Well, sir, I will leave you in the hands of a man
more competent to turn you inside out at the Supreme Court.
The Crown-prosecutor and Mr Gaunson had a passage-at-arms about an answer given
by witness the previous day, to the effect that when he met Kelly, he told him that the
police were not after him. He (McIntyre) said he considered he had given an evasive
answer.
The court here adjourned for an hour.
On resumption, McIntyre was again cross-examined by Mr Gaunson, as follows:
Kelly said to me, “What brings you out at all? It is a great shame to see fine, strapping
fellows like you in a lazy, loafing billet like policemen.” I stated in my previous evidence
that Kelly said, “We will handcuff you and let you go in the morning, but on foot, as we
want the horses and firearms.” The prisoner said “We will let you all go in the morning.”
I thought I said so before. Kennedy dismounted from his horse. My opinion is he was not
shot at that moment. Scanlon was on the ground when he was shot, on his hands and
knees. I have been at various times annoyed by reporters, who would suggest questions to
me, and take anything for an answer. I thought there was too much published about the
whole lot. In my belief, there is now too much published about the deeds of the men.
There had been too much publication tending to the glorification of the Kelly gang. I had
very little conversation with any of the other men. In a a rangey country it gets darker
sooner than in flat country. The party had four guns, one each, and my fowling-piece.
Kelly gave my fowling-piece to one of his mates. I believe Hart had a double-barrelled
gun. I observed their guns closely. Dan Kelly put his hand on his revolver, and carried a
single-barrelled gun. It was a common bore. I knew it was loaded afterwards. I did not
see him load it; but heard him discharge it. I was standing a few yards in front. Will
swear positively four shots were fired. I heard over a dozen discharges altogether. I could
not say what object Dan Kelly was firing at. I cannot swear how many shots he fired.
Hart’s was a cheap gun, I heard him discharge it. He came out of the tent. They fired as
they approached. I was close to Kennedy. Byrne had an old-fashioned gun, with a very
large bore. I am describing the guns we were attacked with. Byrne’s gun was loaded; but
cannot say what it contained. Prisoner discharged Byrne’s gun at Kennedy. Kelly
transferred my gun to Byrne, in exchange. I heard all the guns discharged; but do not
know whether they contained ball or not. The gun that was loaded in my presence was
the one Byrne had. I heard four shots. I saw the prisoner covering Scanlon. I heard him
fire. I won’t swear he shot at Scanlon. When I saw Scanlon shot, I made up my mind to
escape. Scanlon was shot almost at the same time Kennedy dismounted. I heard three
shots together, and another almost immediately afterwards. I saw Scanlon concurrently
with the discharge shot. When I found that it was useless to get Kennedy and Scanlon to
surrender, I instantly determined to get away from the place as fast as possible, and
seized the opportunity, after Scanlon was shot, of seizing the horse. Have never seen any
of the guns used by the gang either before or since the time of the murders.
Samuel Reynolds deposed: Am a legally qualified medical practitioner and surgeon
residing at Mansfield. Was present at a magisterial enquiry on the body of Thomas
Lonigan. Had first seen the body lying at Stringybark on the 28th October, 1878, the day
preceding that on which I made the post-mortem examination. It was lying on its back,
quite dead. Looked at it casually. Saw the body of Scanlon a few minutes afterwards.
Saw a wound in Lonigan’s face. Made a post-mortem examination of the body at
Mansfield the following day. Found four wounds—one through the left arm, one on the
left thigh, one on the right temple, and one on the inner side of the right eye. Looked
upon the wounds as having been caused by bullets. The wound in the left arm was simply
a hole through the arm. A bullet had travelled under the skin round the thigh nearly to the
inner side of the thigh, whence I extracted it. The wound on the temple may be described
as a graze. The bullet which caused the wound in the eye had pierced the bone and
entered the brain, causing death, in my opinion, almost instantaneously, McIntyre pointed
Lonigan out to me, and told me who he was. Also made a post-mortem examination of
the bodies of Kennedy and Scanlon.
To Mr Gaunson: The wound in the temple was only a graze. The wound in the arm
would not cause death, nor yet that in the thigh. That in the eye was the one that caused
death, the bullet having pierced the brain. I did not extract the bullet, being satisfied as to
the cause of death.
The evidence given by Constable McIntyre (who, on account of his having been for
such a length of time kept standing in the witness-box, was obliged to be accommodated
with a seat on the floor of the court and obliged to take a rest) was then read over to him
by the clerk of the court, for confirmation. It covered no fewer than seventy-seven pages
of foolscap—containing closely written matter—and occupied about an hour and a half in
reading.
His Worship, addressing McIntyre, said that as comment had been made by Mr
Gaunson about the manner in which he had given his evidence, he (Mr Foster) wished to
say that in his opinion he had throughout given that evidence intelligently and in a
straightforward manner.
Mr Gaunson protested against His Worship making such a statement, as a very
different opinion in the matter was held by him (Mr Gaunson).
The Crown-prosecutor bore testimony to the truth of His Worship’s remarks.
The court then adjourned—it being twenty minutes past four o’clock, p.m.—until ten
o’clock on Monday morning.
——————
On Monday morning the proceedings were continued.
The first witness called was
George Stevens, who deposed: Am a groom. In December, 1878, I was employed at
Younghusband’s station, Faithfulls Creek. The station is four miles from Euroa. First saw
the prisoner at the station. Fitzgerald told Mr Macaulay was not in. Mrs Fitzgerald was in
the kitchen. The prisoner then went away, and I went to the stable. A man named Carson
was with me. Heard some talking, and saw the prisoner coming down with Fitzgerald.
Fitzgerald put his head in at the door, and said, “There are the other two men.” The
prisoner said, “I suppose (addressing me) you don’t know who I am?” I said, “Perhaps
you are Ned Kelly.” He said, “You are a d—— good guesser.” When I turned round he
had me covered with a revolver. I said, “I beg your pardon; I thought you were joking.”
Kelly said, “All right; I like to see you take it all in such good part.” He said, “Which is
the groom.” I said, “I am.” Kelly said, “I want some feed for my horses.” Told him there
was plenty. He held up his hand, and the other two came down, leading four horses. Did
not then know their names. Was in the company of the prisoner and two other men for
several hours, up to the time they said they were going to the bank. The prisoner went
away about two or three o’clock. We then went into the stable, and they put their horses
in the stalls. Two men led them in.
Mr Gaunson here said this was no evidence.
The police-magistrate replied he could not take the case out of the hands of the
Crown-prosecutor.
Cross-examination continued: Kelly said, I told Dan Kelly to cover Lonigan and I
would cover the other man. “Throw up your hands.” He said McIntyre and Lonigan did
so. Lonigan got down behind the logs, and rested his revolver on the top of the logs. He
said I then took the rifle off him, and fired at Lonigan. He said the ball grazed him along
the temple. He gradually rose up above the logs; when his head appeared I fired again
and shot him through the head. The prisoner described the way it was done, saying, “I
then sent Dan out to a green rise, to watch for the police coming in. While I was talking
to McIntyre they appeared in the open. I just had time to fall on my knees by the fire. He
said the fire was very nearly burning his knees. Then called out for them to throw up his
hands, when Scanlon swung his rifle round and fired. Then fired at Scanlon, and he fell
forward on the horse’s neck. Still kept him covered, thinking he was shamming, when the
horse moved and he rolled him off. During this time, Kennedy rolled off, laid his revolver
on the horse’s rump, and fired at Dan Kelly as he was coming in. He grazed him on the
top of the shoulder. McIntyre then jumped on Kennedy’s horse and rode away. Kennedy
then made for the trees, still firing. Prisoner said the reason that Kennedy had got so far
was that he (the prisoner) had taken up Scanlon’s rifle, but had to throw it away because
he did not know how to use it. Thought he was then done for, as the ball grazed his ribs.
Immediately fired, and hit him in the shoulder as he was getting back behind the tree.
Kennedy then ran, and I followed him, and he wheeled round and rose his hands, when I
fired and shot him through the chest. When I hit him in the shoulder he must have
dropped his revolver, and the blood running down formed a large clot in his hand.
Knowing he had one shot left, when he wheeled round, thought he was going to fire, but I
knew afterwards he was throwing up his hands. During the night I was locked up in the
store at Faithfull’s Creek. There were a number of men locked up there also. Prisoner was
also there and one of the other men. Prisoner was keeping us there.
To Mr Gaunson: I was then in the employ of Mr Younghusband, and left in the end of
1879. I made a statement of what I have just stated to Detective Ward at the time. He
wrote it down in his notebook and read it out to me. I said it was all correct. I had
previously had no communication with any other persons in the matter. I had read
accounts of the conversation in the newspapers. I read last Saturday’s “Age.” Did not
read McIntyre’s evidence right through, but skipped over it. Did not compare his with
mine, to see whether they might clash or agree. On Friday morning McIntyre asked me
how Kelly had made his statement to me. That was the first time I saw him, to know him.
Have never since seen the statement that Ward wrote down. I came up to Beechworth as
a witness by the first train on Thursday, and slept in the barrick-room that night. I had no
conversation with any of the police about the matter. I did not leave the barracks on
Thursday night. I was in the witnesses room adjoining the court on Friday. Saw Mr Ward
in the passage, but did not see him in the witnesses’ room. I stayed in the barracks on
Saturday and Sunday. I had no conversation with the police until in the witnesses’ room
on Friday when McIntyre asked me, at least, what I had to state. I told him that Ned said
he (meaning himself) crawled down behind a log, and called on them (McIntyre and
Lonigan) to throw up their hands. They did so, and got behind the logs. That was all I
told him. McIntyre said, “That was not the way it happened. When I wheeled round I saw
four men standing, all with guns; and Lonigan never got behind the logs at all.
Immediately Lonigan started to run, Kelly moved the gun and shot him. McIntyre
wheeled off and got away.” That was the whole of the conversation. I gave my statement
to Ward two or three days after the affair at the Faithfulls Creek Station, I gave a further
statement to Sergeant Deasy, after the Glenrowan affair, on the 5th or 6th of July last. I
was in Melbourne at the time. He had previously gone to where I lived, and learned
where I had gone to. I gave him the statement in the office connected with Abbott’s cattle
sale-yards in Bourke-street. Constable Boyd served me with a subpoena to appear at this
court as a witness. He never asked me if I could identify Kelly. He said some people said
he wouldn’t be hanged, and others said he would. He did not say, “For my own part, I
think he is an innocent man;” but he said on another occasion that he was of opinion that
he ought to be hanged. Boyd was stationed at Kalkallo, the new name for Donnybrook,
and saw him every day when I was at home. I don’t believe that Kelly is an innocent
man; nor that he ought to be acquitted. My opinion is that he will be hanged, and he
ought to be, if all’s true that he told me. I believed all he told me. Am not in any
employment at present; and have not been promised any situation under Government. I
was at Glenrowan last June, but not on Monday, the 28th. Was there early in the month,
and know nothing about the Glenrowan affair. Fitzgerald and Carson were in the open
stable with me at Faithfull’s Creek, when Kelly was there. I saw the latter in Benalla after
the Glenrowan affair, when he was in a trap after coming out of the train. I was acting as
a detective at Glenrowan, and paid daily by Government, by whom I was not offered a
billet. Ward saw me at Faithfull’s reek three days after the sticking-up affair. I continued
in Younghusband’s employ till the end of 1879. Am a married man, and have a family.
On leaving Younghusband’s place I went to my parent’s place at Donnybrook, and since
been in the employ of the Government. I saw Superintendent Nicolson at Benalla, and
had a conversation with him about the end of January of this year. He gave me an
appointment as agent, or private detective. The agreement was that I was to go out to try
to come across the Kellys, whom I had a great anxiety to meet alone. I was to get six
shillings a day. There was nothing said between us about sharing the £4000 reward,
although I expected to get a share of it. Did not tell Superintendent Nicolson that I was a
married man, with a family. I was to be paid any expenses that I might be put to when
out. Am not getting any pay at present. Drew my last pay on the day the Kelly’s were
taken. Only received the 6s a week and about £1 for train expenses. Have put in no claim
to the Government for the reward, and do not think that I am entitled to any portion of it,
as I was not there when the bushrangers were captured. Worked hard to gain the reward,
and if pay of it were offered to me I certainly would not refuse it. Am expecting to get
into some billet under the Government after this trial—at least, I intend to try. From time
to time sent reports of my doings to Mr Nicolson, but did not keep copies of them. Was
never shown a photograph purporting to be one of the prisoner. Saw one in the
“Sketcher” when I was at Faithfull’s Creek, before I had seen the prisoner. I went to
Glenrowan in the middle of March, and had left there a fortnight before the gang were
captured. I then went to another part of the district. Heard about the affair at Glenrowan
the day it occurred. I was then in Benalla, and did not go up to Glenrowan. Saw the
prisoner on the Monday night after he had come out of the train, in a trap in the barrackyard at Benalla. I was searching for the outlaws for about three months. (Mr Gaunson
was about to ask the witness as to whose employ he represented himself as being in
during the time mentioned, when Mr Smyth interposed, stating it was not judicious—if
not dangerous, in the present state of the country—in the interests of public justice that
the witness should disclose the names of the persons from whom he obtained
information. Mr Gaunson contended that the witness, to get into the employ of a certain
person at Glenrowan, made certain representations concerning himself—either true or
false.) Witness continued: Was not in the employ of Patrick Hennessy at Glenrowan. I
was in the police yard at Benalla when Kelly was brought in; waiting to see one of the
officers, to speak to him about wages which were then due to me. I cannot say whether I
heard anyone say to me, “There is Ned Kelly.” The only occasions on which I saw the
prisoner, were when I see him now, when I saw him wounded, and at Faithfull’s Creek.
When Kelly was brought into the police yard, there was a crowd there, and I was just like
one of them. Next day I saw Superintendent Sadleir, who paid me off up to date. Nothing
further took place than that I was paid the money, and signed for it. He never said
anything to this effect, “Don’t be out of the way, for we may want your evidence; “nor
did he say, “Now that we have got Kelly, we do not want you any further.”
To Mr Chomley: Know Mr James Gloster, who was in the storeroom with me at
Faithfull’s Creek on the night when we were locked up by Kelly,
James Gloster deposed: Am a draper living at Seymour, and was there in December,
1878. Occasionally hawk goods about the country. Remember the evening of the 9th
December, 1878. It was a Monday evening. I was hawking at the time, when a man
named Frank Beecroft, who was in my employ, was with me. We were going to camp at
the station at seven o’clock that evening. We had unharnessed our horses, and when I was
going out of the kitchen with some boiling water, I was told to come back by some man I
did not know, but refused to obey. I was getting up into the waggon for the purpose of
getting my pistil, when two men came up to me and, each holding a pistol up to my head,
told me to come down. The prisoner spoke to me. I got off the waggon and continued to
get my supper, the prisoner keeping near me. He had a pair of pistols in one hand and a
revolver in the other. He said, “I had a good mind to put a bullet through you, because
you did not obey.” He referred to the occasion on which I left the kitchen, and refused to
go back when called upon to-do-so. I was sitting close to the waggon; and Kelly said, “It
is a very easy matter for me to pull the trigger, if you do not keep a civil tongue in your
head.” I did not know who the men were at the time, and was vexed with their interfering
with me. I asked what business they had with me, and why they were interfering with me.
I said to Kelly, “Who, and what are you?” He said, “I am Ned Kelly, the son of Red
Kelly, and a better man never stood in two shoes.” I said, “If you are, there is no use
resisting you.” He said, “If you keep a civil tongue in your head, you’ll come to no harm.
You were nearer being shot than any other man here. Have you any firearms in your
waggon?” I said, “I don’t carry firearms for sale.” He said, “I know you have a pistol in
your waggon, and if you don’t give it up, I will burn the waggon down.” I then gave up
the pistol. The other man who was with Kelly I believe to be Byrne. Remained at the
waggon and finished my supper. Saw two others with prisoner. Each had guns, besides
revolvers. Becroft and I were removed to a hut. A number of other men were there also.
The prisoner was on guard, armed with a a revolver in one hand and a rifle, or gun, in the
other. He was talking to me during the night with reference to the murder of the police.
Prisoner said he did all the shooting in the ranges, and none of the others did any. We
were at this time talking about the murder of the police. He said that the papers called
him a murderer, but he never murdered anyone in his life. He said he killed Kennedy in a
fair fight, and argued that a man killing his enemy was not murder. He said the police
were his natural enemies. He described the death of Kennedy, and said that after the
conflict with Lonigan (he did not use the word conflict) Kennedy and he were firing at
each other, when Kennedy retreated from tree to tree. (Mr Gaunson here drew attention to
what he termed the irrelevancy of such evidence. His Worship pointed out that the case
was in the hands of the Crown.) One of Kennedy’s shots went through his beard, and the
other through the sleeve of his coat; and he said he was a good shot. He fired at Kennedy,
who returned the shots. Kennedy turned as if to fire, when he (the prisoner) fired again,
and Kennedy then fell. Kelly said Kennedy had a long talk with him when he was dying.
They did not like to leave him in a dying state, and so, to end his misery, shot him; and,
as he respected Kennedy, covered the body over with a cloak. In another conversation
which I heard, he described the death of Lonigan. He said McIntyre surrendered, and
Lonigan ran towards a log, and in attempting to fire, killing him. Prisoner said he did not
intend to kill them, but only wanted to take their arms. He also said he had stolen 280
horses since he had commenced business, and if the police had taken him for that, he
would not have grumbled. He said he was persecuted by the police. If they had a down on
a man, they would never let him alone. He did not pay me for the things he robbed me
of—a revolver valued at £3 10s. and about £15 worth of clothes.
To Mr Gaunson: This is not the first time I had been stuck up. Was stuck up on two
occasions—once by a man unknown, and the other by a man named Daly. The former
has not been brought to justice, but Daly had. The latter shot me in the shoulder and face.
Daly did not rob me of my money. Asked someone if Daly was there at Faithfull’s Creek.
Do not recollect the whole of the conversation that night, to relate it. Saw Stevens there.
He could have heard the conversation between myself and prisoner, if he were not asleep.
Could not say whether he was asleep. There were several asleep. There was no violence
offered at the station after Kelly had calmed his prisoners down. He at first threatened to
shoot each of them, to intimidate them, and afterwards treated them with the greatest
kindness the first day. I had some money—about £10—in my pocket when taken
prisoner. The cart contained valuable drapery goods. Kelly, nor any other of the men did
not threaten to take my money. Some of his other prisoners offered him small sums—one
of them half a sovereign, for instance—but he returned it. After I left the kitchen for the
first time, I went towards the waggon for the purpose of taking a meal. Macauley
followed me up, and said I was a very foolish man; that any other man might have been
shot had he acted as I had done. Do not think that Macaulay was one of the two men I
referred to as having followed me. Prisoner was one of them, and demanded my revolver.
I laid it down on the waggon, and he picked it up. It was a six-shooter, and was loaded. I
cannot say that I can recollect the exact language used towards me by the prisoner when I
was getting into the waggon. Handcuffs were shown me while I was sitting at supper, but
not before. I had been told that the Kellys were at the station. I suffered no inconvenience
on this occasion beyond the detention and the non-payment for the goods taken. I was
detained in the store from Monday evening till Wednesday morning at eight o’clock.
Prisoner was there the whole of Monday night and part of Tuesday. The whole of the
former was taken up by conversation between the prisoner and myself. While talking on
the subject of the police murders, the prisoner used the expression “shooting,” and not
“murder,” generally. He used the expression also that the police were his “natural
enemies.” He stated, “I did all the shooting in the ranges.” My impression is that he
wanted to screen the others about the shooting of the police, with which object also he
took all the talking upon himself. The impression formed in my mind was that during the
whole of the night’s conversation he wished to impress us with the idea that the police
intended to shoot him. I cannot say that Kelly impressed me with the belief that he was,
or was not, of that impression himself. There was no drink amongst any of us that
evening. Kennedy was supposed to be shot under the armpit, into the body. Kelly said
that he was sorry that he had fired, because he thought Kennedy was going to surrender.
Am perfectly clear on the point with regard to the conversation about Kennedy’s death as
I have detailed it. The expression that Kelly ought to have given Kennedy a chance to
live was made by someone, but I do not remember by whom. Do not remember if
prisoner replied to this observation. The Crown prosecuted Daly, who was convicted; but
I was not the principal witness, as I could not identify the prisoner. I wrote out my
statement of the affair at Younghusband’s, and addressed it to Detective Ward at Benalla.
Sent it in from Seymour through the post. I arrived in Beechworth on Thursday night.
Have not read over my statement after giving it to Ward. Had an interview with Inspector
Kennedy with reference to the case on Friday night. The statement referred to was not
read over to me. I have not seen it since, although I had applied for it for my own private
use. Cannot recollect that I told Ward that Kelly had shot Sergeant Kennedy when He
was in a dying state. Prisoner went through his whole history, which was intermingled
with complaints about the police. I understood him to mean that once a man had offended
and had served his sentence, the police would not leave him alone afterwards. He
complained that his mother had been sentenced to three years’ imprisonment unjustly on
the testimony of Constable Fitzpatrick, who had committed perjury. He said that his
mother had seen better days; that she had struggled up with a large family; and he felt
very keenly her being sent to gaol with a baby at the breast—on the perjured statement of
Fitzpatrick—or words to that effect. He also said he was not within two hundred miles of
the place when the attempted murder of Fitzpatrick took place; and that whilst he was
two hundred miles away, Fitzpatrick swore that he (Kelly) was the man who shot him. He
did not use the word “alleged.” Four suits of clothing and a revolver were taken from me.
To Mr Smyth: It is eight or nine years since the sticking-up affair by Daly referred to
by me took place. Daly is not out of prison, and was at the time I was stuck-up at
Faithfull’s Creek. I formed the impression from the words prisoner used that the reason
why he shot the police was, from feelings of revenge against them for having put his
mother in gaol. He also said that if his mother did not get justice soon, and be released
from gaol, he would have revenge by over-turning the train.
Frank Beecroft deposed: Am in the employ of last witness, and in December, 1878,
was in his employ. On the 9th of that month was at Faithfull’s Creek Station, and in the
evening Mr Gloster and myself were stuck up by the Kelly gang, of whom prisoner was
one. I was put in the storeroom at the station with 15 or 16 others. The prisoner remained
on guard in the room. There were others outside. While in the room, prisoner when
talking about the murder of the police at the Wombat Ranges, said that he came upon the
police; there were two of them in camp; and he called upon them to surrender. Their
names he stated as Constables McIntyre and Lonigan. When he called upon them to
surrender McIntyre threw up his hands and Lonigan retreated towards a log, and was in
the act of firing, when the prisoner shot him in the head, and he fell. Prisoner said that he
went up and said to McIntyre, “That man was a fool to be shot, trying to get away”—or
something to that effect. While he was talking to McIntyre, two other constables came
riding up. Do not recollect any further conversation which he said he had with McIntyre.
He called on the police to surrender, and Scanlon made a motion to get his rifle from his
shoulder, when he (Kelly) fired at him. He fell off his horse. In watching Scanlon and
Kennedy, McIntyre escaped (or rode off). Prisoner further said that in watching Scanlon,
thinking he was shamming, it was then that McIntyre escaped. Kennedy had dismounted,
and Scanlon fell from his horse at this time. Kennedy was firing at the prisoner, shifting
from tree to tree; and made off to an open piece of ground, turned round, and held up his
hands. The prisoner then fired at him, as he thought he had turned round to fire at him;
and Kennedy fell. Kelly then went up to Kennedy, had some talk with him, and told him
he could not leave him in a dying state, as he wanted to go, and would have to shoot him.
Kennedy asked to be allowed to live; but he (Kelly) wouldn’t, but put his gun to him ans
shot him, afterwards covering him up. Prisoner said that he was armed at the time with a
revolver and a rifle, which he had taken from Scanlon. He called it a Spencer rifle, and
next morning showed us how to load and unload it—from the stock. The conversation
went on throughout the night, and towards morning I went to sleep.
To Mr Gaunson: I am 20 years of age, and my parents live at Longwood. Have been
in Mr Gloster’s employ for two years. Came to Beechworth on Thursday night, with Mr
Gloster, to give evidence. Mr Gloster told me that he had written a statement in reference
to the case. Constable Maguire interviewed me at Euroa about a month ago—since the
prisoner was taken. Mr Gloster was not present at the time. Wrote a statement about the
affair at Faithfull’s Creek—portion at Nagambie and portion at Seymour. Did not show
the statement to Mr Gloster. I have told him what I could say, and he what he could say.
Am Australian born. Mr Gloster and I did not compare mental notes. We might have
talked over the affair a dozen times. Sent the statement I wrote out to Detective Ward, at
whose request it was written out. Met Detective Ward at Avenel. Mr Gloster and I travel
together in a hawker’s waggon. Had the interview with Ward in the train, and forward my
written statement to him by post. Ward and Maguire were the only two persons who I
remember to have interviewed me on behalf of the police. Recollect having had an
interview with Inspector Kennedy. Mr Gloster has asked me about what Kelly had said
about the manner in which Kennedy was shot, Whenever Kelly’s name cropped up
during the past two years the affair at the station has been turned up; but I cannot say that
on these occasions we compared our recollections of what occurred. (The Crownprosecutor asked Mr Gaunson to define the term “compared our recollections;”
whereupon the latter gentleman, in a most excited manner, stated that he would not be
interfered with in the examination of a witness, but would examine him as he pleased.)
Have not placed our statements side by side with regard to the manner in which
Kennedy’s death took place. I recollect what took place at the cart, and what Macaulay
said to Gloster, that he was a fool to act as he had done; that Kelly had given him every
chance; and begging him to be careful. After that Gloster became more amenable. Was a
little afraid during the night. Do not remember that anything was said to the effect, “Why
did not McIntyre show fight;” or that he had his revolver in his belt, or “Why did he
throw up his arms?” When I saw Inspector Kennedy on Friday or Saturday, Mr Gloster
was there; and I gave my statement.
The court then adjourned until 10 o’clock (Tuesday) morning.
——————
No. 4
Thursday, August 12, 1880.
COMMITTED.—The charges of murder preferred against Edward Kelly, which were
commenced at the Beechworth Police Court on Friday last, were brought to a conclusion
on Wednesday evening about half-past five o’clock. The charges were for murdering
Thomas Lonigan and Michael Scanlon at Stringybark Creek, in October, 1878. Mr C. A.
Smyth and Mr Chomley conducted the case for the Crown, and Mr D. Gaunson appeared
for the accused. The principal witness was Constable McIntyre, who was present at the
time the other two constables were killed. Sergeant Kennedy was also killed at the same
time, but that charge was not preferred. Senior-Constable Kelly also gave evidence as to
the conversation that was held in the Benalla lock-up the morning after the Glenrowan
outrage. Several witnesses who were stuck up at Faithfull’s Creek were also examined.
The prisoner was committed to take his trial at the Beechworth Court of Assize to be held
on the 14th of October next. Kate Kelly, the sister of the accused, arrived in Beechworth
on Wednesday afternoon, and was accommodated with a seat in the body of the court.
Previous to her brother leaving the dock she was allowed to kiss him.
——————
THE KELLY INVESTIGATION.
The proceedings against Edward Kelly for the murder of Constable Lonigan in
October, 1878, were continued in the Beechworth Police Court at ten o’clock on Tuesday
morning before Mr W. H. Foster, P.M. The first witness called was
Robert Scott, was deposed: In December, 1878, was manager of the National Bank at
Euroa. Remember the 10th of that month. The prisoner was in the bank about 4 o’clock.
He walked into my room, followed by Hart. Kelly had a revolver, and Hart had one in
each hand. He told me to bail up, and I put my hands on my chest. Kelly robbed the bank.
He ordered me into a spring cart with himself and my servant. He was armed all the time.
We went to Younghusband’s station. On the way out I asked who shot Lonigan, and he
said, “Oh, I shot Lonigan.”
To Mr Gaunson: Miss Shaw was in the spring-cart all the time.
Robert McDougall deposed: Am a warehouseman, and live in Melbourne. Was in
Euroa on the 10th of December, 1878. Was returning from a shooting expedition in the
Strathbogie Ranges. There were three of us in a spring cart. We had to pass through
Younghusband’s station. The prisoner came behind on horseback, and said, “Turn your
horse round.” He had a revolver in his right hand. Mr Dudley said to Kelly, “What
authority have you got to stick us up.” Mr Casement owned the cart. Kelly said to him,
“You are Ned Kelly, and have stolen the cart.” Prisoner threatened to handcuff him. We
all took him to be a policeman, and Mr Dudley said he would report him to his superior
officer. Mr Dudley said, “The station is stuck up.” They wanted to get up in the cart, but
prisoner prevented them. Prisoner told us to go over to the station. Byrne was with Kelly.
He brought some men from the railway line, and we all went up to the station. We were
introduced by one of the station men to prisoner as Mr Edward Kelly. I was searched by
Dan Kelly. Dan had a revolver, and we were put into a store-room. We remained there
from two o’clock until ten. The prisoner was keeping guard all the time. The prisoner
kept coming in and out, and during one of his visits he said to Mr Dudley, “It was bad
enough to be called a proscribed outlaw, and worse to be taking cheek from the likes of
you.” Prisoner produced a watch out of his pocket. It was a big gold watch, and he said to
Dudley, “This is a nice watch, is it not?” He said, “That was poor Kennedy’s watch.”
Prisoner said, “Was it not better for me when I shot the police, then having them carry
my body into Mansfield a mangled corpse?” He had a policeman’s rifle strapped on his
shoulder.
To Mr Gaunson: Have seen a police-man’s rifle since I came to court. Arrived here
on Thursday and I spoke to Stevens on Friday morning. I was out at Strathbogie in a
spring-cart. We had a rifle and a double barrelled fowling-piece when we were stuck up.
Mr Dudley was one of the shooting party. We had 80 or 90 bullets. We went into the
ranges to kill kangaroos. Tennant offered to load the guns to help the police. We knew
that the Kellys had stuck up the station as soon as we arrived there. Cannot swear
whether the watch produced was the one Kelly had; it might be, for anything I know.
There was some violence used to Mr Tennant. He treated us very well, for all that. Have
neither seen the guns nor ammunition since I saw them last in possession of Byrne.
Henry Dudley deposed: Am a ledger-maker, in the Government service. On the 10th
of December I was with the last witness and two others in a spring-cart. One of the party
was on horseback. His name was Tennent. Prisoner rode up and challenged us. He
presented a revolver, and said, “The station is bailed up.” I took him to be a policeman in
private clothes. I was irritated at prisoner accusing me of stealing the horse and trap, and
told him I would report him. He then ordered me to the station along with the rest. He
made Stevens introduce us, and remarked, “These gentlemen seem to know who I am.”
After that we were locked up in the store room. He visited us occasionally, and during
one visit the prisoner produced a gold watch. He said “That’s a fine watch.” I remarked it
was. He replied, “That watch belonged to Kennedy;” and said was it not better to shoot
the police than have his mangled body brought into Mansfield. Other conversations took
place, but only of a simple kind.
To Mr Gaunson: Have been in the Government service 22 years. When I got back to
Melbourne I was interviewed by several reporters. Started back to town on the 11th inst.
It was at the Melbourne station I first saw the reporter. Afterwards got tired and sick of
giving news. Mr Kennedy was the gentleman who subpoenaed me. Had not been seen by
the police previous to getting the subpoena. Got the subpoena at the Government
printing-office. Left Melbourne on Friday. Since then I have been in Beechworth. Have
made no statement. Mr Kennedy saw me first on behalf of the Government. The first
subpoena was for the 27th July. Mr Kennedy took my statement down in pencil.
Afterwards got a copy of what I had stated. It was brought on the same day. Wanted
McDougall to be present when I was making the statement, but Mr Kennedy objected.
McDougall and I have, naturally, talked the matter over. Know nothing about
McDougall’s statement. Tennent was on horseback, slightly ahead of us at Faithfull’s
Creek. He opened the gates for us. Was told at the station that it was Byrne who stuck up
Tennent. We were out on a shooting expedition. We stopped at Dunnings for
refreshments. From the railway gates to the station was within coo-e-e. Was rather
annoyed at having been accused of stealing the horse and cart. Took Kelly for a
policeman, until we got up to the station. Stevens introduced me to him as Edward Kelly,
the bushranger. We all three got out of the trap, and Casement, on being stopped and
bailed up, came to me and said, “Harry, what’s up?” and I told him the Kellys were
about. Kelly took good care that we should not get into the cart, and wise, too, on his
part. There were in the cart a needle gun, pistol, powder, three boxes of caps and a sock
full of bullets. Did not notice how the gun was loaded. Fortunately for me, I had
previously sold my gun. Afterwards we were comfortably locked up at the station until
ten o’clock at night. After we had passed the railway gate, Kelly showed me a pair of
handcuffs, and said, “If you are not quiet, I will put these on you?” That cooled me down
in a minute.
Edwin Richard Living deposed: In February, 1879, I was teller in the Bank of New
South Wales at Jerilderie, New South Wales. Am still in the employment of the bank in
Melbourne. On the 10th February, 1879, I saw the prisoner in the back yard of the hotel a
few minutes after twelve o’clock. He afterwards entered the bank with three others all
armed with revolvers. Prisoner said he was going to stick up the bank as he wanted the
money. He used threats occasionally. I heard him speaking to a number of persons who
with myself were locked up there. He spoke of the murder of the police at the Wombat
Ranges, and showed a revolver which he said he had taken from the police. Could not
swear definitely to the name of any one of the policemen mentioned. Other people were
asking him with reference to the shooting of the police, and he said the gun he shot them
with was an old one but very good. He described it as being bound up in some way—I
cannot say either with string or wire—and said it was a very good one, and that it would
shoot round the corner. Wanted to speak to him about something about the bank books,
and he said, “Come along with me;” and asked where the newspaper office was. Mr S.
Gill was the proprietor of the office; and Kelly said to me, “Come and look for this man.”
Went with him, knowing where Gill lived. Saw Mrs Gill in her yard; her husband was
away at the time. Prisoner asked her where he was, and she said she did not know, he was
away somewhere. He produced a roll of manuscript and said he wanted Gill to see him
about getting something printed. Asked him to give the manuscript; and he handed it to
me saying, “It is a bit of my life, I had not time to finish it, and may finish it some other
time; I want you to get it printed.” Put the manuscript in my pocket, and kept it in my
possession until the other day, when I gave it up to Inspector Kennedy. It referred to the
shooting of the police. Portion of it has been published.
To Mr Gaunson: The man who came in first came through the hotel yard. He was
pointed out to me as Byrne, and he was the man who first stuck me up. A junior clerk
named Mackie was just coming in at the door. Saw in the bar a man, whom I was told
was Dan Kelly. First saw the prisoner when I was in Byrne’s custody. Do not recollect
any conversation taking place at the time. The prisoner walked into the hotel with us. The
policeman was sitting on the table in the bar parlor. Recognise Kelly as the man who
stuck the bank up. Was in their company about three hours. Dan Kelly was clean shaved.
Byrne would be about 5ft 10in high. Hart was a young fellow of about 20 years of age.
The prisoner was the man who walked across the yard when I was with Byrne. During
the day there were a great many people under arrest. The gun had been broken and tied
up. Never made any written statement to the bank authorities or the newspapers. Went to
Melbourne shortly after the affair took place. Made a statement in the Herald office
before three or four reporters. The authorities have asked me questions. I had a
conversation with Mr Brown at Deniliquin. I have had no conversation with the police in
Melbourne. I was subpoenaed from Melbourne. A very few questions were asked me.
Inspector Kennedy was the first man to speak to me. The interview took place at the
detective office. Kennedy asked me one or two facts. He read to me something which he
said he had copied out of a newspaper, and asked me if it was correct. I came to
Beechworth on Thursday night. I will swear the man I met in the back yard was Kelly,
the prisoner. I asked Byrne if that was Ned Kelly, and he said it was. I will swear
positively he went in with me. Prisoner was not behind the bar, having the police in
custody, when I went in. Dan Kelly was in the bar, but I cannot say whether he was
behind or in front of the bar. I have had some conversation with the police who were at
Glenrowan. I decline to answer anything I may have said about the ultimate result of the
trial. At the time I was talking with the police at Glenrowan. I may have mentioned that I
was to be a witness.
Mr Gaunson here said his opinion was the Crown would not get a conviction.
John Kelly deposed: Am a senior-constable of police, stationed at Benalla. Was at
Glenrowan when the prisoner was arrested, on Monday, 28th June. I assisted in arresting
him. About seven o’clock in the morning of the day named, prisoner appeared in the
bush, and the police challenged him. He had on an oilskin coat and a helmet, which we at
first could not make out. Several of the police called out to him, and he fired his revolver
at Constable Phillips, or Constable Arthur, who were nearest to him. Several other
constables came up and fired at him. He returned the fire. After a while he went up and
leaned against a tree. Several shots were again fired at him, but they appeared to have no
effect. I believe I hit him on the harm with one of two shots I fired. He then went towards
some fallen logs. Sergeant Steele came up within 15 or 20 yards of him, and fired two
shots in succession at him. Kelly staggered. Some time previous to this he called out to
the police “Come on, you b——, I don’t care for you.” I proposed to Constable Bracken
to rush him. Steele at this moment raised his rifle and fired at him, and he dropped calling
out “That will do.” Sergeant Steele, I and others rushed up to him and secured him. He
was sitting on his haunches near a log. I believe I took off his helmet, and Steele
recognised him as Kelly. Some of the police came rushing up and wanted to put a bullet
through him, but Bracken and I would not let him be touched. He said to Bracken, “Save
me, Bracken; I saved you.” I said, “You showed very little mercy to poor Kennedy and
Scanlon.” He said, “I had to shoot them, or they would have shot me.” He was searched,
and I asked him where was Kennedy’s watch, as I had promised Mrs Kennedy that I
would try to recover it when Kelly was arrested. He said, “I don’t know where it is; I
can’t tell you.” The helmet which Kelly had on was of steel, made from mould-boards of
ploughs. The other portions of the armor were made of the same material. Some of them
were marked “Hugh Lennon” (the name of the ploughmaker). The armor thoroughly
encased his body down to his thighs. Prisoner was taken to Benalla that night. Saw him,
during the time he was fighting the police, strike his helmet with his revolver, and made it
sound like a bell. Was in charge of the lock-up at Benalla from 2 to 7 o’clock on the
following morning. Constable McIntyre came in during that time, and asked to be
allowed to see Kelly. Constable Ryan was there at the time, and I told him to go to the
stable. I said to prisoner, “Ned, do you know this man?” pointing to McIntyre; at whom
he looked, and replied, “No; is it Flood?” McIntyre said, “No; the last time we met you
took me for Flood.” Kelly said, “Oh; it’s McIntyre; I know you now. McIntyre said, “I
have suffered a great deal over this affair. Was my statement correct?” Prisoner replied,
“Yes,” McIntyre said, “Did I not tell you that I would rather be shot a thousand times
than tell you anything about the other two, so that you might shoot them.” The prisoner
said, “You did.” McIntyre said; “Why did you come near us, when you knew where we
were?” He said, “You’d have soon found us out, and shot us.” He further said, “Our
horses were poor; our firearms bad; we had no money, and wanted to make a rise.”
McIntyre said to Kelly, “You had your rifle pointed at my breast and afterwards shifted it
and shot Lonigan.” Prisoner said, “No, that is wrong. He had his revolver pointed at me,
and was behind a log.” Had a previous conversation about three o’clock the same
morning with the prisoner. Ryan was sentry at the time, and I went in and gave him a
drink of milk and water. It was my duty to visit the prisoner regularly, being in charge of
the lock-up. I asked prisoner if Fitzpatrick’s statement was correct. He replied, “Yes; it
was I who shot him.”
To Mr Gaunson: Have been in the force nearly 19 years—When I went into the cell
as stated, it was for the ostensible purpose of giving Kelly a drink. There was a light in
the cell. I took it in with me. Ryan went in with me. I was kneeling down, giving Kelly
(who was lying on a mattress) the drink. His wounds had been dressed by a doctor at this
time. When the mounted police are on duty, they are supposed to carry their revolver,
which is affixed to a belt. If I was camped out like the police were at the Wombat, I
would have slept in my clothes, with my revolver strapped on. I do not think I would
have left it off while engaged in camp duties during the day. It would be quite possible
that I might leave it off. I have constables under me. I cannot give an opinion as to
whether McIntyre failed in his duty or not, in not having his revolver on him. Have seen
the statement that they thought they “heard a noise down the creek.” I heard it said that
Kelly took Lonigan’s revolver from his body. I might have seen the latter statement in the
paper. I came from Benalla to Glenrowan, under Superintendent Hare, with other police
and the blacktrackers. Arrived at the Glenrowan station at three o’clock in the morning,
and got off the engine, where I was stationed. Was getting the horses out of the train,
when Mr Hare gave us orders. Saw Bracken come up to Mr Hare, greatly excited, and tell
him “to have Jones’s hotel surrounded, as all the bushrangers were in there.” I was a good
distance away from Bracken at the time. I have read Mr Hare’s report of the affair which
has been published, and consider it to be correct. Did not hear Curnow speak to Mr Hare,
as he did not see him. I never heard Bracken mention to Mr Hare anything about
prisoners being in Jones’s house. It was moonlight at the time, but we could distinguish
no persons in the verandah of the hotel. I saw the flashes from the verandah, but cannot
state the number. I asked Mr Hare to send me some ammunition, and Mr Rawlins got me
some, but it was the wrong kind. Then threw off my overcoat and put my hat (a soft one)
into my pocket; and went in search of Mr O’Connor. Mr Hare was wounded by the first
discharge. He was right in stating in his report that the firing was kept up continuously.
He said when he was going away and heard screams from the house, “Stop firing. Kelly,
for God’s sake, try and surround the house, and don’t let them escape.” I ordered my men
to stop firing. I did not hear the word prisoners mentioned to Mr Hare. There were five
blacktrackers. They were very active in firing. I am not in a position to speak about the
police work in Queensland. They were told to stop firing several times. I did not hear
O’Connor tell his men to cease firing. The reinforcements did not arrive until 5 or 6
o’clock, and shortly after that two more trains arrived. I was left in charge when Mr Hare
went away wounded, until Mr Sadleir arrived. By six o’clock the hotel was surrounded,
and there was a moon shining. At 7 o’clock in the morning we saw a tall figure
approaching. I fired at the hotel after Mr Hare had gone away. I had a Martini-Henry rifle
and about fifty or sixty rounds of cartridges. I dare say I fired ten shots up to seven in the
morning. (Mr Smyth here objected to Mr Gaunson’s cross-examining, and suggested to
the Bench to limit it.) Had hold of him by the beard. Did not pull out any of his beard.
One policeman kicked prisoner. Never saw any of his beard lying on the ground.
Sergeant Steele had charge of him the most of the time when he was at the station. Heard
that a cannon was sent for from town. Saw Byrne’s dead body when it was brought out of
the house. Also saw two burnt bodies, supposed to be Dan Kelly and Hart. SeniorConstable Johnson set the place on fire at the end of the house. The prisoner’s sisters
were at the Glenrowan station. Could not say whether Kelly was drunk or not at the time.
Saw Father Gibney coming out of the burning house. Was in charge of the Benalla lockup from two o’clock in the morning until five. Went to the cell at 3 o’clock to give
prisoner a drink. Gave Mr Montford a description of the Glenrowan affair. Would have
let any constable into the cell to see prisoner, had anyone asked me. There is no
regulation which prevents constables from going to see prisoners in their cell. Heard
McIntyre saw Kelly at Glenrowan. Gave in my report of the Glenrowan outrage three or
four days after it took place.
Mr Smyth said that closed the case for the Crown. He thought a prima-facie case had
been made out, and asked for the prisoner’s committal.
His Worship cautioned the prisoner in the usual way, and asked him if he had
anything to say.
Mr Gaunson said anything his client had to say would he brought forward in the
Supreme Court.
The prisoner said nothing, and was then formally committed to take his trial at the
next Beechworth Court of Assize, to be held on the 14th of October.
Edward Kelly was then charged with the murder of Michael Scanlon on the 26th of
October, 1878, at Stringybark Creek.
Mr C. A. Smyth and Mr Chomley again conducted the prosecution; Mr Gaunson
appearing for the prisoner.
Thomas McIntyre deposed: Am a mounted-constable, stationed at the Richmond
depot. On the 26th October, 1878, went with some other constables on special duty,
Sergeant Kennedy being in charge of the party. Lonigan and Scanlan were with us. We
were going after Edward and Daniel Kelly. Was aware warrants had been issued for the
offences they had committed. We arrived at our camping-ground on the Stringybark
Creek in the afternoon, and pitched our tent. We all slept in the tent, and got up at
daylight next morning. Kennedy and Scanlon went out on patrol on horseback. They each
had a revolver, and Kennedy had a Spencer rifle. They went down the creek in a northwest direction. The tent was pitched in an opening of one or two acres. The surrounding
country was thickly timbered. Lonigan and I stayed at the camp. Lonigan was minding
the horses and I was cooking. The horses were hobbled near the camp. About 10 o’clock
my attention was called to a noise down the creek, and I went to try and discover the
cause. On returning, I fired two shots at parrots, and immediately reloaded, putting the
gun in the tent. About 4 o’clock Lonigan and I went to build a large fire to act as a guide
to the other two that were away. We were about half-an-hour making the fire. About five
o’clock I went to the tent to get a billy to make some tea. I was standing on the side
nearest the tent, and Lonigan on the opposite side. I suddenly heard some voices
immediately behind me, saying, “Bail up; hold up your hands.” I turned quickly round,
and saw the prisoner and three other men armed with guns, pointing in the direction we
stood. They could be about 30 yards apart from me. The prisoner was on the right of the
attacking party, in the spear grass. He had his gun in a fair line with my chest. I held up
my hands. I had no fire-arms about me. Lonigan had his revolver with him. I saw the
prisoner shift his gun and fire in the direction where Lonigan was, and I heard Lonigan
fall. The prisoner and his mates then called out, keep your hands up. Prisoner after firing
changed his gun from the right hand to the left. Prisoner had a revolver, and demanded of
me if I had any fire-arms. I told him I had none. At this time Lonigan had ceased to
breathe. One shot was fired at Lonigan, and he exclaimed, “Oh Christ! I am shot.” I told
the prisoner my revolver was at the tent. He said to his mates, “Keep him covered lads,”
and went in the direction were Lonigan lay. He shortly returned with Lonigan’s revolver
in his hand. Prisoner searched me to see if I had firearms; he passed his hands through my
coat and pockets. He said, “Dear, dear; what a pity that man tried to get away. He was a
plucky fellow; see how he tried to get at his revolver.” He told the others to let me go.
Dan Kelly came back from the tent with a pair of handcuffs. He said, “Here, we’ll put
these on the b——.” I appealed to the prisoner, and they were not put on. He told me to
mind and not attempt to get away, for he would shoot me, even if he had to track me to
the police station. They then all went into the tent and the prisoner called me over.
Prisoner had the gun across his knee that he had shot Lonigan with, and said it was a
curious old thing to be carrying around the country. I said, “Perhaps it’s better than it
looks.” It was an old single-barrelled gun, and short in the barrel. The front of the stock
of the gun was tied together with a waxed string. Prisoner took my fowling-piece and
drew the shots and replaced them with bullets. While he was loading the gun he pointed
to where Lonigan was lying, and asked who it was. He said, “No, I know Lonigan well;
for that b—— gave me a hiding at Benalla one day.” Dan Kelly then said he would lock
no more poor b—— up. Have seen Byrne’s body at Glenrowan, and identified it as the
man who gave me a drink of tea. Prisoner said “Have you got any poison about here.” I
said “No.” They then had something to eat.
The court adjourned till the following morning.
At ten o’clock on Wednesday morning Mr Foster took his seat on the Bench.
The evidence of Constable McIntyre—which was simply a recapitulation of that
given by him in the case relating to the murder of Constable Lonigan, and has been fully
reported in our columns—was continued. The witness was again very unwell, and was
permitted to sit whilst giving his evidence.
Cross-examined by Gaunson: The prisoner could have shot me if he had liked. He
could have taken my watch and money. Lonigan And Scanlon had silver watches. I did
not notice whether Scanlon had a ring. Our leaving Mansfield it was for the purpose of
arresting the two Kellys. I had no warrant. I said that we might expect resistance. We
were going to arrest prisoner for attempted murder. There was no certainty of us finding
the prisoners. The determination of using our revolvers was a matter we could not judge
of. I had heard that a party under Sergeant Steele was going to leave Greta. I was under
the impression the two parties would meet at the Hedi Creek Station. There was no party
that I know of under Strachan. Our revolvers carry six shots. If they hit at 50 or 60 yards
they would be effective. We had perhaps 20 spare cartridges. I frequently carried more
ammunition than the revolver required. We carried a Spencer rifle and a double-barrelled
gun. Kennedy got the loan of the gun from a Church of England minister. Could not
swear if the Spencer was loaded. The double-barrelled gun was loaded with No. 2 shot. I
am not an expert at shooting, and could not say how far it would kill. I was in plain
clothes. We buckle our revolvers on to a belt, which is provided by the Government. We
all slept that night with our weapons laid up. Kennedy carried the Spencer going away in
the morning, but Scanlon carried it coming back. They went out early in the morning.
Kennedy did not tell me to keep watch. Had not my revolver strapped on when I went
down the creek. Lonigan had to leave the camp two or three times to get the horses.
When I was carrying the wood for the fire I saw Lonigan had his revolver strapped on.
(Witness here described by the means of two pieces of stick on a piece of paper where the
fire and tent were). The horses were hobbled and kept moving about. Fixed my attention
on the men who stuck me up, and heard Lonigan run. Lonigan was behind the log, and all
he had to do was to stoop to be under cover. He fell on my left rear. Could not do the
work I had to do with my revolver on conveniently. Was baking and cutting wood. When
the prisoner came to me I will swear positively I had not my revolver on me. Do not
know what I would have done had I my revolver about me. Prisoner was about 35 yards
from me. He had only one gun at the time. I never told any reporter he had two guns in
his hand at the time he shot Lonigan. When Lonigan was shot I never thought of going
for his revolver. When Kennedy came up I had my back against the men advancing. It
was an awkward log to get over. I saw them when the prisoner remarked they were
coming. I advanced within 6 or 8 yards of Kennedy’s horse. The prisoner was about 12
yards from me when I addressed Kennedy. I called out Kennedy for the purpose of
getting him to surrender. I was not thinking it was necessary the prisoners should hear me
addressing Sergeant Kennedy. I recollect getting into Mansfield on the Sunday. A
reporter came into the room. I did not tell him that Lonigan started to get behind a tree
and put his hand on his revolver. I never said to a reporter that prisoner exclaimed, “Dear,
dear; what made the man run?” I spoke to Kennedy and heard the prisoner fire. I turned
to look at the prisoner. I saw him lay down the gun that was discharged and pick up
another that was loaded. When I looked again at Kennedy, I saw him put his head down
to the horse’s neck and roll off. The tent was about eight or ten yards distant. Hart was in
the tent, with, I believe, a double-barrelled gun. He was a young-looking man, about 5ft
7in high, and almost beardless, about 19 years of age. I think he was brownish looking. I
thought at the time Kennedy rolled off his horse to get it to act as a cover. After Kennedy
got off, I would not say how much time elapsed, as I was not in a position then to
measure time. It might have been two or three seconds. I did not expect to escape at the
time. Scanlon’s horse had turned up the hill, 50 or 60 yards away. When I saw Scanlon
shot, I did not expect to get any mercy, and I made up my mind to escape if I could. I
could not say whether Kennedy looked at me when I went away. Kennedy’s horse was
between us when I seized it, and the prisoner was about 12 yards off. I will swear
Scanlon did not fire a shot, and he was incapable afterwards, as he fell on his knees.
Cannot say how many shots were fired at Scanlon., but it appeared as if three shots were
fired at the same time; and then I distinguished a shot following those three. Noticed the
wound of Scanlon; immediately after the prisoner fired. The shots were fired, and then
Kennedy got off his horse. Dan Kelly had on a dark sac coat and dark trousers. That is
how I will describe him. He had a few hairs on his face. It is possible to say that he had a
velvet band on his hat. Think I only wrote the one statement. Before leaving Mansfield
one gentleman, who represented himself as an “Argus” reporter, asked me three or four
questions. Made several statements to reporters at Richmond. A few days after I got to
Richmond, I wrote down circumstances while they were fresh. Made some notes when in
the wombat hole. Took extended notes at Richmond, and had read a good many reports
that appeared in the newspapers. The first time my evidence was taken down was at the
magisterial enquiry. Mr Kennedy has taken my statement down. Have a severe cold at
present. Prisoner’s beard was not so long at the Wombat as it is now. Never told Kelly
any statement he might make would be used against him. When I left on horseback, I
could not say who fired shots afterwards. I arrived at Glenrowan between four and five
o’clock, and saw the Chief Commissioner, who, at Glenrowan, asked me if I could
recognise Kelly. I was not aware there was any doubt of identifying Kelly. It was the
Chief Commissioner’s duty to ask the question. The boy Jones was not at the station at
that time. I saw two other bodies besides Kelly. It was said by the crowd who they were. I
was at Benalla next day. It was generally believed then he would live. I have had my
photo recently taken. I have seen Byrne’s body in Benalla. I think it was tied up by the
photographer. I saw rings on Scanlon’s fingers. Kennedy’s watch was, I believe, flowered
on the outside case. I have heard some of the men say, who were with Scanlon, that
Byrne had one of his rings on.
Samuel Reynolds deposed: I am a legally qualified medical practitioner, residing in
Mansfield. I went out to the Wombat Ranges on the Monday. I know the late Michael
Scanlon. I saw his dead body at the Stringybark Creek. He was lying on his back. I could
see the blood on the right side, under the arm. I made the post-mortem the following day
at Mansfield. There were four wounds on the body all bullet wounds. One on the right
hip, one on the right shoulder, one on the top of the breast bone in front and one on the
right side of the body. The latter is the one that showed the blood on the coat. On opening
the body I found a bullet lying inside of the breast bone. That bullet had entered the right
side, through the eight rib, and it had carried a portion of the bone and clothing through
the lungs until it reached the chest bone. That wound would prove fatal by internal
hemorrahage in a very short time. I found the bullet. Death would be caused in a very few
minutes. After receiving the wound, the man I should think, would drop at once. I took
another bullet out of the shoulder to satisfy myself.
To Mr Gaunson: I saw Kennedy’s body also. One ear was gone. I imagined it had
been gnawed away by native cats. The body was very much decomposed.
To Mr Smyth: Did not make a post-mortem on Kennedy’s body, as I was told there
was no occasion.
Robert McDougall deposed: Was in the Government printing-office in 1878. Was
made prisoner at Faithfull’s Creek on the 10th December, 1878. Mr Dudley was also with
me. Was locked up in a storeroom at Younghusband’s station from about 2 o’clock in the
afternoon till 10 at night. Prisoner came in several times. Had conversation with him two
or three times. Mr Dudley and I were standing inside the hut. Prisoner came in and took
out a watch, and said, “This watch belonged to poor Kennedy.” He said, “It is bad enough
to be called a prescribed outlaw than be checked by an old man like you.” Then he said,
“Was it not better that I should have shot the police than they should be carrying any
mangled corpses into Mansfield.” Prisoner had a revolver and a rifle. Cannot recollect
whether he said who the rifle belonged to. His brother Daniel searched me. Prisoner said,
he was an outlaw. Do not recollect accused saying anything about Dan.
To Mr Gaunson: First made my statement to Mr Kennedy. It was since the
Glenrowan affair. Am now in the Government printing-office. Told him what I had to say
and Mr Kennedy wrote it down. Saw several reporters when I went to town, and they
bothered me very much. Have had several conversations with Mr Dudley. Dudley and I
were not together when we made the statements.
George Stevens deposed: In December, 1878 was in Mr Younghusband’s employ as
groom. Remained in his employ until the end of 1879. Then went back to live with my
mother at Donnybrook. In the commencement of this year was engaged by Mr Nicolson
to act as private detective. Remember the 9th December, 1878. The first I saw of Kelly
was in the kitchen, first I saw of Kelly was in the kitchen, when he inquired for Mr
Macaulay. Fitzgerald, who was in the kitchen, said Mr Macaulay was not in. Fitzgerald
has since left the station. Would not say if prisoner was armed. Went down to the stable
with James Carson, another hand on the station. Prisoner came down to the station with
Fitzgerald. Fitzgerald said to the prisoner, “These are the two men,” pointing to Carson
and me, and then said to me “I suppose you do net know who I am.” I said “Perhaps you
are Ned Kelly.” He said “You are a d— good guesser.” Then wheeled round and he had
me covered with a revolver. Said “I beg your pardon, I thought you were joking.” He said
he liked to see me take it in such good part. He then asked who was the groom. I said I
was. He said he wanted some feed for his horses. I said “All right; there is plenty here.”
He then held up his hand, and two men came down with four horses. I did not know the
names of the men at the time, but I saw Byrne’s body at Benalla after the Glenrowan
affair. The others had arms and carried guns. The other I believe was Steve Hart. The two
men led their horses and got same feed for them. Asked prisoner about shooting the
police, and he said they were behind a log. He told Dan to cover Lonigan and he would
take the other man. He then called out “Throw up your hands.” Lonigan made for the logs
and tried to draw his revolver as he did so. He got down behind the logs and rested his
revolver on the top of them and covered Dan, when he (prisoner) took his rifle from
McIntyre and fired it, grazing him along the temple. He disappeared behind the logs and
then put his hand up, and when his head appeared Kelly shot him. Fearing a surprise, he
sent the two men back to a rise, to watch for the police coming in. He was standing
talking to McIntyre when they appeared in the open. He further said, “I just had time to
fall on my knees at the fire.” McIntyre went over and spoke to Kennedy, who gave a
smile. Then called on them to throw up their hands, when Scanlon slung his rifle around
and fired. I then fired at him, and he fell forward on the horse’s neck. I kept him well
covered, thinking he was shamming; and when the horse moved he fell off. During this
time Kennedy had dismounted, and laid his revolver across the horse’s rump, and fired at
Dan. The ball grazed him on the shoulder. McIntyre then jumped at Kennedy’s horse and
rode away. Kennedy then made from tree to tree, still firing. The reason he got ?? he
said, was he had got Scanlon’s rifle, but did not know how to use it. Kennedy then went
to another tree and fired at me. I then fired, and hit Kennedy on the shoulder as he was
getting back behind the tree. Kennedy then ran again, and I followed; and when he
wheeled around, I shot him in the chest. The prisoner then said, “When I shot him in the
shoulder he must have dropped his revolver. The blood must have gone down his arm and
formed into a large clot in his hand which I took for the revolver; knowing he had one
shot left, when he wheeled round, I thought he was going to fire; but I knew afterwards
he was throwing up his hands.
To Mr Gaunson: I have seen a Spencer rifle at the barracks. I have seen one a day or
two ago. It was standing in the corner of the room the other day I saw one at
Donnybrook, in the hands of a policeman. The rifle that I saw with Kelly was the same
kind as the one I saw at Donnybrook I interviewed Mr Nicolson at the beginning of the
year. I left Younghusband’s of my own accord, to go in search of the Kellys. I do not
think the prisoner is a born fool. At the time Kelly was telling me this, Fitzgerald was in
hearing. I have not helped anybody to get up the case. Did not know I should be a
witness. I live at Donnybrook at present. I was stud groom at Younghusband’s. Never
had any conversation with Ward about joining the Government service. I had no
arrangement with Ward. I intend to try hard for a billet from the Government when this is
over. I gave the party I went to see at Glenrowan a letter. I did not know what the
contents were. I was in the detective business, but was not paid by the individual in
whose service I ostensibly was. I saw Mr Kennedy in Melbourne. I went to Abbott’s
office because I was acquainted with him. Spoke to Kennedy at the police court. I have
had no conversation with Mr Kennedy about the case. Am not particular what billet I get
from the Government. I would not take Gately’s billet.
Frank Becroft, in the employ of Mr Gloster, a drapery at Seymour, in 1878 and still in
that employ, gave similar evidence as in the previous case.
To Mr Gaunson: The prisoner was close behind Mr Gloster when he was getting up in
the waggon. Was coming up to the waggon at the time. Byrne, the prisoner’s mate, was
coming up at the same time, and he presented a revolver at him. Gloster was obstinate.
There were about a dozen men about the kitchen, but they could not see what was going
on. Saw prisoner load the rifle then unload it. Don’t remember whether prisoner said he
searched McIntyre. He might have said Scanlon fired. Do not remember him saying he
took McIntyre’s rifle. He said Kennedy was a brave man, and a good shot, and he
covered him up. Have not seen a Spencer rifle since I came up to the trial. They are
loaded from the stock with, I think, six cartridges. Have read my evidence in the papers
since I delivered it here; also Mr Gloster’s. Did not hear prisoner say anything about his
mother. He said he did not shoot Fitzpatrick. Was surprised, the way Gloster answered
the prisoner, that he did not shoot him.
Senior-constable Kelly deposed: I am stationed at Benalla. Was present at Glenrowan
when the prisoner was arrested on the 29th June. After that he was in my charge at the
Benalla lock-up, on the morning of the 29th, from 2 till 5 a.m. While under my charge I
visited him. Asked him what about Fitzpatrick’s statement; was it correct? He said yes;
he had fired at him. I visited him again at 7 o’clock with Constable McIntyre. I said “Ned
do you know this man?” pointing to McIntyre. He replied, “It’s Flood, isn’t it?” McIntyre
then said, “The last time we met you took me to be Flood.” He said, “Oh, it’s McIntyre.”
McIntyre said he had suffered a good deal over this affair, and asked if his statement was
correct. Accused said it was. McIntyre said on that occasion he would rather have been
shot than have told anything about the other two men. Prisoner replied, “You did.”
McIntyre then said, “You had my chest covered with a rifle, and you turned round and
shot Lonigan.” Prisoner said “No; Lonigan was behind a log, and was taking aim at me.”
To Mr Gaunson: I do not feel that I am occupying a mean position in giving this
evidence regarding conversations—under the circumstances—as I am doing my duty.
The general rule is to caution a prisoner before conversing with him. I did not adopt the
usual rule on this occasion. McIntyre merely said, “Was my statement correct?” I did not
tell the prisoner what Fitzpatrick’s statement was. Prisoner, at Glenrowan, did not say,
“You cowardly dogs; I did not treat you in this way.” I heard Bracken say any one that
shot him, he would shoot them. Constable Dwyer kicked him, for a remark he made to
him when he said, “You scoundrel, did not you shoot my comrades?” Steele and Bracken
were in the witnesses’ room. I cannot tell the reason they have not been called. Cherry
was brought over from the public-house. I heard he was shot at 9 in the day. (Mr
Gaunson here said that Mr Sadleir had distinctly said that Kelly shot Cherry, and said the
law always gave access to the relatives of a prisoner when they desired to see him; but
the Crown objected to do so in this case). I have no means of knowing how Jones was
shot; but I heard it was early in the morning, from 3 to5. Kelly was taken about seven on
the morning of the 27th June. When I spoke to Kelly in the cell, I am sure he used the
name Fitzpatrick. It was my duty to go in and give him a drink of water. I would have
cautioned prisoner, if I had thought I had been going to give evidence. Ryan went in with
me, because when I went in before he had rolled off the mattress. I cannot say he
answered McIntyre, simply to get rid of him. There has been a common conversation
among the police about the Kellys. Consider myself entitled to some portion of the
reward for the Kelly gang.
At the conclusion of the case for the Crown,
Mr Gaunson said that now the case for the Crown was concluded, he did not propose
to say anything against the committal; but desired to say the remand he applied for on
Friday was done in good faith, but the court would now see how the prisoner had been
hampered by his being unacquainted with the facts connected with the case. He would
call attention to what Senior-constable Kelly had said about the ordinary course of the
law, in cautioning the prisoner before putting questions to him, not having been adopted.
There was manifest injustice and illegality in preventing the access of prisoner’s friends
and relatives from seeing him and he was bound to make reference to the remarks the
Conservative papers had made about the case. The police were pushing the case to an
extremity, and some of them had to be refrained from pushing their evidence to the
utmost. He could not blame them for wishing to bring in the men that had shot their three
comrades—and it might be natural their cry should be for vengeance, other than justice.
Mr Gaunson said he would ask His Worship not to maintain the order made by the late
Chief Secretary with reference to not permitting the prisoner to see his friends and
pointed out that the precautions which had been taken in that respect were not necessary.
He submitted that if they could not see one another together, they should be allowed to do
so at a distance. Even that day, when prisoner’s sister came in alone—and what was a
very human thing—to try and see her brother, she was accompanied by a male friend, but
was compelled by the police to enter the court alone; and perhaps the very respectable
prints to which he had alluded would, the next morning, make it appear that “prisoner’s
sister entered the court in the most brazen manner possible.” He could only regret that
His Worship did not grant the remand for which application was on Friday made.
Mr Smyth pointed out that Mr Gaunson had been given an opportunity to apply for a
remand after the cases for the prosecution had closed, but had not availed himself of the
offer made to that effect.
Mr Gaunson replied that he did not wish for a remand at such a time.
The prisoner having intimated that he had nothing to say.
The Bench then committed him to take his trial for the murder of Michael Scanlon at
the Court of Assizes to be held at Beechworth on the 14th October.
——————
No. 4
Saturday, August 14, 1880.
REMOVAL OF KELLY TO MELBOURNE.—The residents of Beechworth on Thursday
experienced a surprise when it became publicly known that the bushranger Edward Kelly,
who the previous day had been committed at the police court to take his trial on the
charges of murdering Constables Lonigan and Scanlon at Stringybark Creek, in October,
1878, at the Court of Assize to be held at Beechworth on the 14th October, had been
removed from the Beechworth Gaol to Melbourne. On Wednesday night we were
apprised of the fact that Kelly would be removed the following morning, but the
authorities very properly refused to supply any information in the matter, wishing it to be
kept secret—to prevent a possible attempt at rescue on the part of the many sympathisers
with the prisoner; and with the same object in view, we refrained from giving publicity to
the affair. At eight o’clock a waggonette drew up at the gaol—several mounted police
having ridden in advance along the Melbourne-road—and Kelly having been handed over
by the governor to the party of police fully armed, under Inspector Baber and Senior-
constable Mullane, in attendance, a rapid start was made for Wangaratta, with the object
of taking a special train thence to Melbourne. A number of persons were in waiting on
the Wangaratta rail-way-station platform, having received intimation of the arrival some
time during the day of the notorious prisoner, and to these Kelly nodded carelessly. At a
quarter to two o’clock a special train left Wangaratta arriving at Newmarket about halfpast four o’clock, when the prisoner was removed in a cab to the Melbourne Gaol. On his
way down, Kelly was very quiet in his demeanor, and said very little. He remarked to
Constable Bracken that if it was his fate to be hanged, he would be hanged. Constable
McIntyre proceeded to Melbourne by the same train, and owing to severe illness from
which he is suffering, has since had to be confined to the hospital connected with the
Richmond police depot. It would be nothing more than humane and right, in our opinion,
that McIntyre should be allowed a lengthy holiday, to recruit his health and strength, on
full pay—in recognition of the brave conduct displayed by him in moments of extreme
danger and terror. It is now considered to be a certainty that Kelly will be placed on his
trial at Melbourne, and not at the Beechworth assizes, to which he was committed.
——————
DEAR MR EDITOR,—There is nothing but sensational paragraphs in metropolitan
journals about the charges of murder against Ned Kelly. During the last week four or five
reporters from the “seat of Government” have been vieing with each other as to which of
their journals shall obtain the greatest sensational “from our own reporter,” and it is
rather amusing (although, unfortunately, a man’s life is hanging upon it) to see how one
correspondent sends down a report to his paper of something fresh that he has just heard,
and the next day one of his contemporaries contradicts it by saying, “There is no truth in
the report in the ‘News’ yesterday that such and such things have been discovered.” It is
rather a pity the investigation did not continue for a few days longer; for reporters must
obtain news somehow or other, and they might have discovered that the unfortunate
Ned’s grand-uncle murdered Lord George Bentinck; or, on the father’s side, he was
descended from Greenacre, or that his mother was closely related to Maria Manning; and
it might be probable that, by tracing the genealogical table further, they might discover
that Edward was descended direct from the King of the Cannibal Islands. There are
people in the world—aye, plenty of them—who would believe such things if they only
saw them in a newspaper; but I am glad to see, Me Editor, you have not had any of our
reporters contradicted in connection with this unfortunate business.
What is it that friend David Gaunson aspires to? It is not very long since his name
was first heard in the land; in fact, it only seems like yesterday. He reminds me of the
Anglo-Indian Insurance Company that was ushered into the world in one day, by Mr
Montague Tigg, but was not in exist2nce long. We find Mr David in Parliament, early
distinguishing himself , and then he was reported to be doing a large business at the
Lands Office—but that did not last long; and then he turned his attention to ousting
Ministers. But what a pity it is he was born so long after his time—what a splendid kingmaker he would have made, like the old barons we read about. The keeping of Warwick
Castle would have been safe in his hands—at any rate, for a time, until his retainers got
tired of him, which they would be bound, in due course, to do. But the talents of our
versatile friend are now turning in another direction, and it will be a difficult matter to
determine shortly how many talents he really has—for I suppose music is a talent; as
during the past week, whilst he was in Beechworth, his voice has been heard several
times, in more than one acceptation of the term. I like energy in a man, and there is
something energetic about David; but it is very doubtful whether he will ever occupy the
positions that Sir James McCulloch, J. G. Francis, J. Service or G. Berry have done. He
want ballast, Sir, and until he gets that, he must never expect to put “hon.” before his
name.
——————
CHERRY’S DEATH DESCRIBED.—Martin Cherry’s death is described by a correspondent
of the “Benalla Standard” in the following terms:—“The press and the public seem to be
in doubt how Martin Cherry came by his death at Glenrowan. I was one that was in the
house at the time, and I will endeavor to show how it occurred. When the police arrived
at Glenrowan they commenced to fire into the dwelling from all directions. The bullets
came thick and fast like showers of hail. Each of us endeavored to protect ourselves as
well as we could, some under beds, others on the floor. I took refuge among some bags of
grain. I could occasionally hear bullets strike the bury themselves in the bags of grain
behind which I was sheltered. As the bullets continued to pour in among us I heard some
person cry out, ‘For God’s sake, come here; I am shot.’ I recognised Martin Cherry’s
voice. I immediately ran to his assistance, and I found him bleeding from a wound he had
received in the groin. I pulled a sheet from off a bed and did my best to stop the bleeding
by tying the sheet over the wound. I had scarcely completed the rough dressing when a
bullet grazed the back of my head, so, finding I was in extreme danger of being shot
myself, I lifted a mattress off a bed and placed it over Cherry to protect him as much as
possible from further danger, and then rushed back to my previous place of shelter, where
I remained until about ten o’clock in the morning, when the police gave us all permission
to leave the house. I wish to state that Martin Cherry was lying on the floor when the shot
struck him that caused his death, and the said shot was fired from outside the house. Ned
Kelly was not in the house at the time, and had not been for some hours previous to
Cherry being shot, which statement can be confirmed by all who were in the house at the
time. In conclusion, I wish to observe that some members of the police force have visited
me since the Glenrowan tragedy, and have implied by indirect threats to keep my mouth
shut respecting how Cherry came by his death. But thinking it best to let the public know
the truth is my only excuse for trespassing on your space.”
——————
Date ?
A FALSE STATEMENT.—We have been requested by Mrs Barry, mother of Mrs
Sherritt whose infortunate husband was so cruelly murdered by the Kelly gang of
bushrangers on the Saturday evening preceding their extermination at Glenrowan on the
28th June last, to contradict a statement which appeared in the “Age,” and subsequently
in the “Leader” of the 7th inst., to the effect that “Mr Barry, who quarrelled with his wife
and family about twelve months ago,” had returned to Beechworth. Both Mrs Barry and
Mrs Sherritt are naturally grieved that such a statement—which they describe as grossly
and utterly untrue and without the slightest foundation—should have gained publicity,
and we would imagine that the only motive which the writer could have had in making
the assertion was to render his account of the proceedings in connection with the
movements of the gang additionally sensational, without any regard to truth. The real
facts of the matter are that Mr Barry, who follows the occupation of a miner, finding
remunerative work unprocurable at the Woolshed, where his wife and seven young
children reside, proceeded to Stawell, where he had been engaged in mining operations,
and contributed to the support of his wife and family ever since. After the murder of
Aaron Sherritt, he, at the earnest solicitations of his wife and daughter, who were afraid
to be left unprotected, as they were, subsequent to the untimely death of the husband of
the latter, returned home. Mrs Sherritt still remains at the Empire Hotel, Beechworth, and
her late residence at the Woolshed is being destroyed piece-meal by some unscrupulous
persons, and the household furniture and other articles left in the place removed.
——————
No. 4
Tuesday, August 17, 1880.
KELLY AT BEECHWORTH.—“John Peerybingle” has the following with reference to the
recent Kelly investigation:—This Kelly business is going to cost the country a pretty
penny. The public will be wishing that Master Ned had been potted right off, instead of
being doctored up to be hung. Another thing, it would have saved the papers a lot of
money in telegrams, and the world wouldn’t have been troubled with Davy’s views on
police affairs in this colony. It seems to me that the only folks that will make anything out
of the affair will be the publicans at Beechworth and Willie’s brother. One will get plenty
of ready cash, and the other lots of cheap advocating. What beats me, too, in this inquiry
is the licence allowed to Ned when in the dock. Whoever heard of any prisoner on trial
for his life being permitted to wave his handkerchief in the dock, and kiss his hand to his
sweetheart and female friends in the gallery? I don’t think it is the correct thing to give a
scoundrel like Ned such a lot of freedom. Ananias Has got a rare share of members of
Parliament on his staff, and now I see he has engaged another for the Kelly business. Mr
David Gaunson, M.P. and barrister at-law, turns out to be “our own reporter” who had the
interview with Ned in gaol. It was very clumsily managed, that interview business. They
put too many big words into Ned’s mouth. There was too much of the big language used
in Parliament in the supposed interview. Of course, it’s an awful sell of Ananias; but still,
if he tries to work a point, he ought to do it cleverly. There isn’t much to trouble about in
doing a swindle, but it’s being found out that causes the bother.
EDWARD KELLY IN MELBOURNE.—The Melbourne correspondent of the “Ballarat
Star”says Edward Kelly will be brought to trial in October next in Melbourne. He stands
committed to the Beechworth Court of Assize in that month, and until the presentment is
filed no writ to change the locale of the hearing need be applied for. It will probably be
granted in time to allow of his trial taking place at the “general gaol delivery” in
Melbourne in October. And here let it be said that there was a particular reason why
Kelly was prosecuted on two charges, and that the evidence of McIntyre having now
been taken, the possibility of his not being able to appear at the trial will not influence the
course of justice in the slightest. McIntyre’s statements have become evidence no longer
impeachable should anything happen to him. No immediate action will be taken with
regard to the sympathisers, but evidence is accumulating, and the law as it now stands
will be amply sufficient to meet their case. It is likely that one of the sympathisers may
shortly be exposed to a prosecution, but although a charge of being accessory to a felony
would lie, it may not necessarily be judiciously prosecuted at the present time.
——————
No. 4
Saturday, August 21, 1880.
YACKANDANDAH.
(FROM OUR OWN CORRESPONDENT.)
August 19.
What a blessing that the curtain is all but drawn on the Kelly tragedy. The sensation
that pervaded the whole from beginning to end—the exaggerated sensation, I may call
it—only reached the climax since the Glenrowan capture. The special trains and the sight
of the wounded captive, who could not run a yard, being escorted about by a guard strong
enough to control a dozen prisoners, were laughable in the extreme. Then we have the
most efficient legal talent available arrayed against a self-convicted murderer, against
whom the poorest attorney could have proved a case; and lastly were to be witnessed the
disgusting sight of the police court crowded with ladies claiming to belong to the elite of
the district; yet sitting there drinking in with their ears the evidence so thickly
interspersed with foul oaths and choice Billingsgate. Prurient curiosity indeed, and
execrable taste!
By-the-way, the “Sketcher,” in its portraits of Ned Kelly, “rose” on it, as they say in
“poker.” Some months ago he appeared as a cropped criminal. When he came out as a
wounded prisoner at Glenrowan station, he appeared as a drunken shearer who had just
been “lambed down” at the “Woolpack;” and we next find him disguised as a gentleman,
with ring-bedecked hands, whose form any lady might envy.
——————
THE BUSHRANGERS.
(FROM THE WILLIAMSTOWN ADVERTISER.)
The Kelly mania, thank heaven, appears to be subsiding. The leading metropolitan
journals have pandered to this morbid craving, and made heaps of money over it.
Dissatisfied with moderate profits, they have been publishing second and third editions
every day in the week, Sunday included. The poor, wounded, broken-down imbecile who
now stands in the dock awaiting the final announcement of his doom at the hands of a
jury is not altogether destitute of interests nor altogether beyond the pale of sympathy.
The she-wolf who had suckled him amidst the wild romantic scenery of the Strathbogie
Ranges is suddenly torn from the parental lair, and sent for three years to Beechworth
Gaol with an infant at her breast, and the name of the mother is sacred even at the Rat’s
Castle. The lioness will vie in solicitude for the offspring she has suckled with the finest
lady on earth. A brother-in-law and a friend who exhibited their sympathy for the Kelly
family by half murdering the apprehending constable got lumbered for six years at the
same time, and their wives and families thrown upon the world. All this was a powerful
stimulant to revenge, no doubt, and according to the ethics of the Strathbogie district,
revenge, not self-preservation is the first law of nature. But the law does not moralise in
this fashion; it simply enacts that who sheddeth man’s blood by man shall his blood be
shed. And such is inevitably the doom of Ned Kelly. It was, we think, an act of
injudicious sympathy on the part of the Duke of Edinburgh to intercede for the notorious
scoundrel, Frank Gardner. Sympathy when it is not formed on common sense is a most
spurious, hurtful commodity. Ned Kelly has been the exact counterpart of Gardner. They
were for years the ringleaders and schoolmasters of all the rowdy, cattle-duffing larrikins
in the districts where they lived. Cautious and cunning, they made it a point of thrusting
others into the noose and keeping their own head out of it. Frank is at this moment very
likely a member of Congress—he is certainly enjoying himself in a bar parlour, and
possibly playing Yankee grab, whilst his poor pupils sleep under the gallows. As for Ned,
he undoubtedly peached upon his old preceptor, Power, the bushranger, in order that he
might earn a remission of his sentence, and throughout the whole of his subsequent career
he was ambitious of doing the magnanimous, and using his pupils as a fool, in order that
he might appear bright in comparison. It is this which goes to prove that by far the most
guilty, dangerous, and truculent members of the Gardner and Kelly gangs are still to the
fore. The distribution of the reward will soon occupy the public attention—a few words,
therefore, on the subject. Our police appear to have been for a very long time at sea as to
the modus operandi of catching the Kellys, and yet in both New South Wales and
Tasmania the method is stereotyped and never deviated from. Cash kept the roads for
twelve months in Tasmania, and although they were at one time 500 men, constables and
soldiers, in pursuit, they never captured him. It was not till Cash ventured back to one of
his old haunts in Hobart Town he was taken. Superintendent Price, the moment he heard
of Cash’s escape from Port Arthur, placed a couple of police in plain clothes on the look
around the house where Mrs Cash lived. It was a long wait, but Cash turned up at last,
and was of course taken. Now it was in pursuance of this theory that Sherritt was at last
paid off to keep the hut of Mrs Byrne under espionage. And the hut where Sherritt
sheltered the police was simply a detective office in disguise. It was the real and only
point of danger in the whole scheme, and without it the gang would never have been
driven to bay. This will therefore form a very important consideration, we believe, in
distributing the reward fund. Mrs Sherritt, as hut-keeper and constant companion of her
husband, shared a very considerable amount of danger and responsibility, and this, we
believe, will not be lost sight of either. From Captain Standish downwards, no man
connected with the capture of the Kellys played anything like so dangerous and important
a part as Aaron Sherritt, and we trust that his wife’s claims will have the first
consideration.
——————
No. 4
Thursday, August 26, 1880.
IN GAOL.—Edward Kelly (says the Argus), who is awaiting trial in the Melbourne
Gaol, is rapidly regaining his health. He has now so far recovered that he has been
removed from the hospital ward and placed in an ordinary cell. The bravado which he
exhibited at the outset has almost entirely deserted him, and he has now become morose
and dispirited. He appears at last to realise his position. A constant watch is kept upon
him, and during the night a lamp is kept burning in his call, so that any attempt at suicide
may be frustrated. He is carefully attended by Dr Shields, the Government medical
officer.
——————
No. 4
Saturday, August 28, 1880.
THE TRIAL OF THE BUSHRANGER KELLY.—Mr David Gaunson, solicitor for Edward
Kelly, has been notified by the Crown Law department that it is intended to hold the
prisoner for trial at the October sittings of the Central Criminal Court, Melbourne, to
commence on the 15th of that month.
PARLIAMENTARY.—Both Houses of Legislature will meet for the transaction of
business on Tuesday, at two o’clock. It is stated that the candidates for the office of
Chairman of Committees will lie between Mr Gaunson and Mr Mirams. The
Government, it is affirmed, do not intend to make it a party question; so that, in all
probability, Mr Gaunson may obtain the coveted honor.
——————
A KELLY SYMPATHISER OUTWITTED.—Amongst the reminiscences of the proceedings
of the Kelly gang and their adherents which are related at different times, the following
tends to show the artful manner in which sundry useful information was occasionally
gathered for use in their future proceedings. Our informant is the particular friend of a
bank manager in the North-Eastern District, for whose veracity we can confidently
vouch. About eight months ago one of the friends, in fact, a relative of the Kellys, called
at the bank shortly after it was closed for the day, and knowing the way round went to the
back, finding the manager in his parlour, alone on the premises. The man explained the
object of his visit, which was to obtain cash for a cheque of some thirty odd pounds,
station that none of the storekeepers had sufficient money by them to cash it, or he would
not have troubled the manager. The latter told him that he could not give him the money
after bank hours, as the safe was locked, and asked why he did not call before, to which
he replied that he had only just came into the town. “Why you darned old fibber,” said
the banker, “I saw you twice before to-day, first as you rode down the street at ten
o’clock, and again at two in Mr B’s store.” The part excused this blunder. As a mistake in
the time, and after a great deal more pressing for the cash, which was firmly refused, he
observed, “Well, now, look here, Mr Z., you need not be afraid of me; I’m on the square,
whatever others may be.” “Oh no,” said the banker, “I’m not afraid of you, nor any of
your party; all the same I don’t intend to give you the cash.” After a slight hesitation and
looking rather savage, the old sinner said “Oh, you won’t,” at the same time crossing his
arms over his chest, the right hand slipping inside the coat in close proximity to the breast
pocket He continued, “Now suppose, Me Z., I were just to tell you that I’d see you d—d
before I leave this office without the money, what would you do?” The vicinity of the
fellow’s hand had not been unobserved by the keen-eyed banker, and at the conclusion of
this rather startling question, he jumped up from his seat, exclaiming, “Why, I would do
this,” instantly covering his man with a loaded revolver, drawn from his own pocket. “I
should do this and a little more without the slightest hesitation if you did not march out of
this speedily and quietly, as you had better now do at once; so be off.” The man’s face
paled visibly, but he took the hint and vanished, muttering as he went, “Oh, that’s your
little game, is it? But I didn’t mean any harm.” After that the manager has never been
about the premises without a loaded “bulldog” handy in his pocket.
——————
No. 47
Saturday, September 4, 1880.
PRECAUTIONS SUGGESTED.
The Melbourne “Evening Herald” of the 30th August, contained the following:—
Now that the Kelly gang of bushrangers has been exterminated, the question arises as to
the best means of preventing outbreaks of the kind in the future. The North-Eastern
district is still in a very unsettled state, and the belief that a fresh gang will take to the
bush before long has gained ground with a great many. The police protection in the
district is very meagre at present, and indeed the system under which it is worked is as
has been already proven, very unsatisfactory. There are not enough police stations. If two
or three good, reliable, active men were stationed at different parts of the country, say
twenty miles apart, and each bound to thoroughly canvass a circle of ten of fifteen miles
around his camp, thorough knowledge of the country would be easily obtained, together
with the character and doings of the people. On every cattle station boundary rider are
employed to ride around the run once or twice a week, in order to see that everything is
correct and the beasts are not straggling too far. Without this system the losses of the
squatter would be heavy, and it would be a matter of impossibility to muster at a given
time. Again, when a suspected person is required to be looked after, and ten or twelve
horsemen ride by daylight through the country, their presence is advertised long before
they reach their destination. If however, the patrol system were organised, and a
constable who had a thorough knowledge of his own section of the country were to repair
to the suspected house an hour or two before day light, he could quietly lie in waiting
until circumstances developed themselves, and it could be daily ascertained whether the
person wanted was there or not. What are required are some good staunch young fellows,
men who will constantly ride all over the country from one part to another, until they get
to know not only the people, but every horse and bullock in a certain part, and can tell
where a strange animal appears almost as soon as it is brought out. The constant presence
of the police, backed up by the fact that they have as good a knowledge of the bush as the
people themselves, will not fall in carrying out the law to its fullest extent, and at the
same time not be zealous to make “cases,” would go a long way towards toning down the
discontented feeling which has for some time past been in existence in the Kelly country.
——————
THE BUSHRANGER POWER.
In perusing the history of bushranging in this colony and Tasmania, it is a remarkable
fact that some of the most notorious of this class of criminals have been rescued from the
gallows by the intercession of the fair sex. Two of the most celebrated of their day, Dido
and Martin Cash, who were the terror of that island for some years, after having been
sentenced to death, through a petition sent to the Government by a number of ladies,
received a mitigation of their sentences on the ground that, when pursuing their unlawful
avocation, they always protected females. Through the same instrumentality, Power, the
notorious bushranger, is likely to receive a mitigation of his sentence of fifteen years’
imprisonment, at the same time being provided with a comfortable home for the
remainder of his days. Recently he was visited by the ex-Minister of Justice and two
ladies who are well-known for their charitable and benevolent disposition. It appears both
of these ladies came in contact with Power during his bushranging exploits. On one
occasion he stole a favorite horse from one of the ladies, who is the wife of a squatter; but
as soon as Power heard to whom it belonged he sent it back by Wild Wright, with
directions not to receive any reward for the act. The other lady was driving in a carriage
with a friend, and was stuck up by Power. When he looked in the carriage, however, and
saw who were its occupants, he begged pardon, and let them pass on. When the two
ladies visited Power at the prison hospital, he was informed by there, if liberated, they
would provide for him a comfortable home during the remainder of his days. The old
bushranger appeared to be greatly pleased with the interest his benefactors have taken in
him, and if liberated, will reside in that part of the country where his daring deeds
compelled the Government to place £500 on his head.—“Daily Telegraph.”
——————
No. 47
Thursday, September 9, 1880.
POLICE REDUCTIONS AND THE KELLY COUNTRY.
While fully respecting the English axiom that an accused person should be deemed
innocent until he be found guilty by a jury of his countrymen, there are circumstances
connected with the condition of the district lately infested by the outlaws, which, having
nothing whatever to do with the case of the prisoner now awaiting his trial, call for some
remarks at our hands. In dealing with the subject, it is neither our desire nor our intention
to prejudice the minds of our readers either for or against that unfortunate man, who may
now well be left to the mercifulness, as well as the justice, of the law. It has just been
announced on behalf of the Chief Secretary, that he is about making sweeping reductions
in the Victorian constabulary. It therefore, becomes our duty to point out that, so far as
the so-called Kelly country is concerned, such a step would, for the present, at all events,
be fraught with danger to the public. It is unnecessary for our purpose to enquire here
why a sympathy with crime should exist amongst a certain class of persons in that region.
Suffice it to say that such a sympathy does exist, and if it is not showing itself at this
moment in any open display, that is due to two very potent reasons; one being that the
police are still numerous and active, and the other that any overt act might be prejudicial
to the prisoner now awaiting his trial. We do not need to be informed that an oath of
vengeance was uttered over the charred remains of DAN KELLY and STEVE HART to be
aware that there prevails a feeling which such an oath portends. It is scarcely hidden; and
it is wide-spread. Not so much, perhaps, the latter as might appear to superficial observes,
as terror obliges many persons to repress outward sign of the horror they really
experience towards such crimes as those attributed to the outlaws. That such a sentiment
of indignation lies latent, even in the midst of the disturbed country, we have reason to
believe. While lately travelling through the remotest portions of that district, and not
being at the trouble to hide our own opinions as to the state of things, we were struck by
the fact that two persons only made any comment whatever as to our remarks. Both of
these simply warned us to be careful as to making any observations on the subject, as we
might be addressing persons who would be inclined at some future time, and in some
manner unexplained, to resent what they might consider uncalled-for interference on our
part. It is true we are not told whether the proposed reductions in the force are to reach
the rank and file; but it may be presumed that such is the intention, if they are conceived
with a view to any appreciable pecuniary retrenchment. No doubt when the infected
country returns once more to normal habits of thought, we could well spare the extra men
who were taken on during the period of disturbance; but we have always been amongst
those who regard any considerable decrease in the number of the police, more especially
with the population increasing and daily spreading into isolated localities, as a step which
should be watched with extraordinary jealousy. Prevention is always better than cure, and
we hold that had the disturbed district been strongly garrisoned before lawlessness had
become rampant, crime never would have reached its recent climax. We are aware it is
the fashion to blame the Chief Commissioner for all this; but although we ourselves lately
took occasion to point out that the police organization was not all that could be desired,
no one was more fully aware than we were that that officer was not to be blamed for such
a state of things. On the contrary, it is notorious to the well-informed that it has been a
constant struggle on the part of Captain STANDISH to keep the force in its comparatively
efficient condition, owing to the constant pressure brought to bear on him to cut down the
expenditure. When, in the KELLY campaign, he received carte blanche, it was too late and
the emergency too sudden to allow him to think of redisciplining the corps. In fact, the
spirit of niggardliness which was constantly being pushed against the police department,
while money was being lavished in every other direction, always kept the force on the
verge of inadequateness. Whatever changes may at some future time be deemed
advisable among the higher officers of the police, we cannot but consider that the
removal of Captain STANDISH would be extremely unwise until the task set before him,
and now but half completed, is fully accomplished. The whole of the circumstances in the
career of the outlaws were exceptional and unpredecented, and if a full enquiry ever does
take place—although there are, of course, details which never can be made public—we
are confident it will be found that the long want of success in the search was due to
causes entirely outside its completeness. It must be remembered that every step had to be
taken in an enemy’s country, and the superseding of the Chief Commissioner at this stage
would inevitably be taken as a sign of weakness, just when there should be an extra
display of strength. So far from our agreeing to any reduction in the number of men in the
district at present, we would earnestly advise the immediate establishment of two or three
strong posts between the King River and the Strathbogie Ranges. If we are not entirely
mistaken, three months would prove that such an accession of strength had been neither
premature nor superfluous.
——————
No. 4763
Thursday, September 16, 1880.
KELLY’S TRIAL.―It is now pretty certain (remarks the :Herald”) that Edward Kelly
will eventually be tried in Melbourne, but professional opinion seems to differ as to the
best and simplest method of procedure to change the venue. One of the most obvious and
simple is provided in the Jerilderie Act, sec.33, which section enacts that when any
person is committed for trial or held to bail for any crime committed or supposed to have
been connected anywhere out of the jurisdiction of the Central Criminal Court, and it
shall appear to the Supreme Court, when in session or to any judge thereof in vacation.
That the ends would be furthered and justice facilitated by the trial of the ceso in the
Central Court, then it shall be the method adopted it is impossible to say, professional
opinions being about evenly divided; but it shows at allevents, that there will be no
difficulty in effecting the proposed removal of the place of trial from Beechworth to
Melbourne.
——————
SUPERINTENDENT HARE.—The health of this gentleman, says the “Age,” who was
wounded at the capture of the Kelly gang, has caused considerable anxiety to his friends
recently. He has suffered very much from the wound received in his arm. Although under
the constant attendance of Drs Ryan and Fitzgerald, lately the symptons were very
unfavourable, the splints and shattered bones not all having come away. Fears were
entertained that the hand would have to be amputated. On Sunday a consultation was held
by Drs Youl, Ryan and Fitzgerald, who determined to perform an operation. The arm was
cut open, numerous pieces of bones and splints were removed, the shattered bones
chiselled smoothly, and any decayed bones also removed. It may be mentioned that all
the bones of the arm had been shattered by the rifle ball, which entered on the outside and
passed slanting right through the bones and flesh. On Monday evening favourable
symptons were visible, and hopes are now entertained that the hand will not have to be
amputated, though the free use of the arm will never be regained.
——————
No. 4764
Saturday, September 18, 1880.
THE PURSUIT AND CAPTURE OF THE KELLY GANG.―Lieutenant O’Connor, of the
Queensland native police, has made a further application to the Victorian Government for
an inquiry into the conduct of the black trackers under his command here in connection
with the pursuit and capture of the Kelly gang. Mr Berry will not decide as to whether
there shall be an enquiry, or what shall be the scope of any investigation, until after the
trial of Edward Kelly has taken place―”Argus.”
——————
TESTIMONIAL TO CAPTAIN STANDISH.―The “Argus” understands that the members of
the police force intend to present to Captain Standish, on his retirement from the
command of the force, a testimonial expressive of their regard for him.
KELLY’S TRIAL.―A summons has been taken out by the Crown solicitor, calling upon
Edward Kelly to show cause why the venue of the trial of the presentment filed against
him should not be transferred from Beechworth to Melbourne. The summons is made
returnable before Mr Justice Barry, in chambers, this (Saturday) morning. The ground of
the application is that owing to threats and other (article finishes here)
——————
No. 4765
Tuesday, September 21, 1880.
EDWARD KELLY’S TRIAL.―An application was made in Chambers in Melbourne on
Saturday, before his Honour Mr Justice Barry, by Mr C. A. Smyth, the Crown Prosecutor,
for a change of the venue in the case of Edward Kelly committed to take his trial at
Beechworth for the murder of Constables Scanlan and Lonigan. Mr Smyth read an
affidavit by the Crown solicitor, setting forth the urgency of the venue being changed to
Melbourne. Mr Gaunson appeared on behalf of the prisoner, and asked that the request
might be postponed till the 30th inst. The case was adjourned till the 22nd inst.
——————
No. 4769
Thursday, September 30, 1880.
A POLICE CAMP FOR GRETA.―The “North-Eastern Ensign” states that there is some talk
of an intention to form a police camp at Greta, where three or four troopers will be
shortly stationed.
——————
No. 4771
Tuesday, October 5, 1880.
KATE KELLY IN GEELONG.―A well authenticated rumor has been in circulation for the
past few days, to the effect that the celebrated Kate Kelly, of Strathbogie renown, paid a
flying visit to Geelong the other evening. There is in a certain part of this town (says the
“Advertiser”) a woman who claims to be able to discern the future in the life of each of
her patrons by glancing at the wrinkles in the face or the lines in the palm of one’s hand.
She has a few customers, happily all males. It is said that Kate Kelly was recognised as
being one of the visitors, and what her objective was, can of course, only be surmised.
——————
No. 4772
Thursday, October 7, 1880.
COMMITTED FOR TRIAL.―As will be seen on reference to our report of the proceedings
at the Wangaratta Police Court on Thursday, the lad Patrick Delaney, charged with
stealing a registered letter while engaged in carrying the mails from Glenrowan to Greta,
has been committed for trial.
ANOTHER BUSHRANGING OUTBREAK FEARED.―The numerous sympathisers with the now
exterminated Kelly gang of bushrangers in the Greta district are, we are reliably informed
by a resident of that locality, showing signs of activity, indicative of another gang being
formed to take to the “roads,” not only with the object of emulating the daring deeds of
the late notorious outlaws, but also with the intention of avenging their summary
extinction; so even more bloodthirsty outrages than were committed by the Kellys and
their confederates may be perpetrated. The police, however, are on the qui vive―the
stations at what are supposed to be infected localities being strengthened by additional
members of the force―and are ready at any moment to suppress the slightest indication
of an outbreak.
NOTORIETY.―Mr Reynolds, of Glenrowan, whom Ned Kelly interviewed on the Sunday
previous to the battle, and who had a few minutes chat with the notorious outlaw, who
during the conversation sat on a sofa, assures us that a lady of respectable appearance
came all the way from Melbourne for the purpose of sitting on the same sofa that Ned
Kelly rested on during the interview.
——————
No. 4776
Saturday, October 16, 1880.
Page 4, Column 6.
KELLY’S TRIAL.―The bushranger Edward Kelly, who is at the present time awaiting
trial in the Melbourne Gaol for the murder of Constables Lonigan and Scanlan at
Stringybark Creek, near Mansfield, in October, 1878, will on Monday be brought before
His Honor Judge Barry, at the October sittings of the Central Criminal Court to be held in
the old Melbourne Court-house, which is now, we learn, being fitted up for the purpose
with gas and extra accommodation; it being His Honor’s intention to hold long sittings
daily till the case is disposed of. Mr. H. Molesworth has been retained for the defence of
the prisoner, who (we learn from the “Telegraph”) has so far recovered from his wounds
as to be able to walk about without limping, and during the last five or six weeks his
spirits and general condition have also considerably improved. He is fully convinced that
he will be pardoned by a jury for the crimes that he has committed, and expresses the
strongest faith in his innocence of any wilful murder of the unfortunate police-constables
at Wombat. He is quiet and orderly in his behaviour, and gives no trouble whatever to the
gaol authorities. Recently he was allowed to see his mother and his sister (Mrs Skillion),
with whom he had long interviews.
——————
Page 4, Column 7.
KELLY’S DEFENCE.―The “Benalla Standard” has been credibly informed that in spite of
the statements as to the money supposed to be in the possession of the Kellys and their
relatives, they have not even as much as will pay for defending the prisoner Edward
Kelly. Mr Gaunson, who has undertaken the defence, and worked very hard for some
time past, upon application for his fees, was told that none of the Kelly relations had any
money to pay him. Whether Mr Gaunson will continue to conduct the defence or not,
with such a poor prospect of recompense, is questionable.
No. 4777
Tuesday, October 19, 1880.
SUPERINTENDENT HARE.—We have much pleasure in learning that Mr Superintendent
Hare’s health took a turn for the better on Sunday, and his medical advisers are now more
hopeful of his recovery.
——————
No. 4778
Thursday, October 21, 1880.
THE KELLY FAMILY.―Mrs Skillion, wife of the prisoner Skillion, at the Pentridge
Stockade, with her cousin Thomas Lloyd, paid a visit to her husband on Tuesday
morning. The interview took place in a room fitted up for the purpose, the parties being
kept 4ft apart by means of iron bars. The conversation had reference (states the
“Telegraph”) to private affairs, and also to the trial of Edward Kelly.
——————
No. 4780
Tuesday, October 26, 1880.
Page 2, Column 6.
DISMISSED:―The two Sherritts, John and William, who were admitted to the police force
on the murder of their brother Aaron by the Kelly gang, at his home at Sebastopol, have
been dismissed from the force. This step has been taken by the Government with a view
to retrenchment; but as the lads were appointed to the police force by Mr Ramsay, then
Chief Secretary, on the recommendation of Captain Standish, as their lives were
considered in danger owing to the action they took to avenge their brother’s death, we
trust that Mr Berry will re-consider their case; as we believe that threats have been held
out by sympathisers with the gang that so soon as they again set foot in this district they
will be dead men. Therefore, in the interests of common humanity―if nothing
more―their lives should not be placed in jeopardy.
——————
No. 4782
Saturday, October 30, 1880.
Page 4, Column 3.
TRIAL OF EDWARD KELLY.
——————
FOUND GUILTY AND SENTENCED TO DEATH.
——————
At a special sitting of the Central Criminal Court, Melbourne, on Thursday, before his
Honor Mr Justice Barry, Edward Kelly was placed on his trial for having, in October,
1878, at Stringybark Creek, near Mansfield, murdered Constable Lonigan.
Messrs C. A. Smyth and Chomley prosecuted on behalf of the Crown. The prisoner was
defended by Mr Bindon, instructed by Mr Gaunson.
At the outset, Mr Bindon made an application for a further postponement of the trial
until the next sittings of the court. He stated, owing to the number of persons through
whom communications in respect to the defence of the prisoner had to pass, a great deal
of valuable time had been lost. Negotiations had been pending until Monday last for the
purpose of securing the services of Mr Molesworth, and it was only when they came to
an end that the prisoner’s attorney had asked him (Mr Bindon) to undertake the defence.
Since then he had made the utmost endeavors to make himself acquainted with the facts
of the case, and also the law thereof; and before he could become thoroughly seised of it
he would require a little more time.
His Honor said he could not grant any further postponement. The prisoner had had
notice for two months that his trial was to take place during the present month, and why it
should have been so procrastinated he could not tell. The prisoner would be treated with
every consideration, and in the way his case deserved.
The jury having been empanelled, Mr. C. A. Smyth opened the case. He stated the
circumstances under which the party of police, consisting of Sergeant Kennedy, and
Constables Lonigan, Scanlan and McIntyre, in October of 1878, left in search of the
prisoner and his brother, Dan Kelly, in order to arrest them on the charge of shooting at
Constable Fitzpatrick; how the police camp was surprised by the prisoner, at the head of a
gang of three others; how Lonigan was thereupon shot, and how the search for the
outlaws was continued, and ended in the events which transpired at Glenrowan, in June
last. He said the jury would have to disabuse their minds of any impression they had
previously formed regarding the prisoner, and from the evidence that would be tendered
satisfy themselves that Constable Lonigan had been murdered, and that the murder was
committed as set out in the presentment filed against the prisoner.
The following evidence was then called:―
Detective Ward produced a warrant dated 15th March, 1878, for the arrest of the
prisoner on a charge of horsestealing. He also produced a warrant to apprehend Daniel
Kelly for the same offence.
Cross-examined: He had been connected with the pursuit of the Kelly gang since the
29th September, 1879. He was chiefly stationed in the ranges.
Constable P. Day produced a warrant for the apprehension of the prisoner for the
attempted murder of Constable Fitzpatrick.
Constable Thomas McIntyre deposed that on the 25th October, 1878, he left Mansfield
with a party of police in charge of Sergeant Kennedy. The party consisted of Michael
Scanlan, Thomas Lonigan and witness. They were organised to search for the Kelly
robbers. On the 25th October they got about twenty miles into the Wombat Ranges, and
were camped for the night. Kennedy and Scanlan left the camp on horseback, to patrol.
During the afternoon witness, with his fowling-piece, shot at a couple of parrots. About
four p.m. a fire was lit, principally to guide Kennedy and Scanlan to the camp. Nearly an
hour afterwards he was standing with his face to the fire, and heard a voice say, “Bail up;
throw up your hands.” Witness was unarmed at the time. Turning round he saw four men,
each armed with a gun, which were presented at Lonigan and witness. Prisoner was one
of the four, who were partly concealed in the spear-grass, which was about five feet high.
Witness threw up his arms, and after he had done this prisoner removed his rifle from a
line with witness’s chest, and pointed it at Lonigan and fired. Lonigan fell, and sang out
“Oh, Christ, I’m shot!” The four men then said, “Keep your hands up,” and then walked
towards the camp. The prisoner next covered witness with a revolver, and then searched
him for his fire-arms. He afterwards went to where Lonigan was lying and took his
revolver. Prisoner said, “Dear, dear, what a pity that man tried to get away.” Prisoner told
witness that he had better get Kennedy and Scanlan to surrender, “because if they didn’t
surrender, we will shoot you, and if they get away we will shoot you.” While this
conversation was proceeding, prisoner said, “Hist, lads, here they come.” Kennedy was
advancing in front. Witness was told by prisoner to sit on a log. He said, “Mind you give
no alarm, or I will put a hole in you.” When about 20 yards distance, witness said to
Kennedy, “Oh, Sergeant, you are surrounded, you had better surrender. Prisoner at the
same time, jumped up and said “Bail up.” Kennedy put his hand on his revolver, and
prisoner then fired a shot, which did not take affect. Scanlan was dismounting, and got
somewhat flurried; he missed his footing, and, to save himself from falling, he let go his
Spencer rifle, which he had grasped, and fell upon his hands and knees. While in this
position he received a shot, fired by prisoner. Scanlan rolled over on the ground.
Kennedy at the same time put his face on his horse’s neck and rolled off on the off side.
Witness then caught Kennedy’s horse, and he succeeded in mounting it, although it was
very restive, and getting away into the bush. He heard several other shots fired
afterwards. After riding about two miles, he was thrown off his horse. He then remained
in the bush all night, and reached Mansfield on the following day (Sunday) about noon. A
search party was organised, and on Monday morning the bodies of Scanlan and Lonigan
were found. Kennedy’s body was not discovered until two days afterwards. The tent had
been burned. After the prisoner’s arrest, the witness saw him at the Benalla lock-up. In
answering several questions, prisoner said that Kennedy had fired about two rounds from
his revolver.
Cross-examined by Mr Bindon: Before starting for the Wombat Ranges, witness had
not seen the warrant for the apprehension of the Kellys, but he saw by the “Police
Gazette” that the warrants had been issued. He had no idea of escaping when he caught
hold of Kennedy’s horse.
George Stephens, groom, deposed that he was in the employ of Mr Younghusband
when the Kelly gang stuck-up the station in December, 1878. After the station was stuckup, the prisoner narrated to witness what took place in the Wombat Ranges after
Constable McIntyre left. He said he had shot Lonigan through the head, and also that he
had wounded Scanlan, who fell on his head. Kennedy retreated to the trees and kept up a
fire. While retreating in this manner, the prisoner said he followed him, and at last shot
him through the chest.
Cross-examined: Witness informed the police of the circumstances, and a few day’s
afterwards he was employed as a private detective in searching for the Kelly gang. He
expected to receive further employment in the Government service.
William Fitzgerald, labourer, gave corroborative evidence as to the narrative given by
the prisoner of the tragedy in the Wombat Ranges.
Henry Dudley gave evidence about the prisoner showing him Sergeant Kennedy’s
watch, and remarking, “Which do you think was the best, that I should shoot Kennedy or
that he should shoot me.”
Robert McDougall, warehouseman, gave corroborative evidence.
J. Gloster, hawker, deposed that he was amongst the men who were stuck-up on
Younghusband’s station. The prisoner told him that he shot both Kennedy and Lonigan.
The court, at six o’clock, adjourned until nine o’clock next day.
——————
[BY ELECTRIC TELEGRAPH.]
——————
(FROM OUR OWN CORRESPONDENT.)
——————
MELBOURNE, Friday Evening.
The trial of Ned Kelly was resumed to-day. There were present in court Mrs Skillion,
Kate Kelly, Miss Lloyd, Tom Lloyd, Denis McAuliffe and a young female said to be
Kelly’s sweetheart. The prisoner took a lively interest in the trial as it proceeded, and
occasionally smiled. The statements made by the witnesses.
Frank Beecroft deposed he was in company with Gloster, the hawker, when they were
stuck up at Younghusband’s station. On that occasion the prisoner admitted having shot
Constable Lonigan.
Mr. Scott, the manager of the National Bank, Euroa, deposed to the robbery of the
bank.
Constable Richards, Jerilderie, gave evidence of the raid made on that place by the
Kelly gang. The cross-examination of the witness elicited nothing.
The manager of the bank at Jerilderie gave detailed evidence of what occurred on the
occasion of the bank robbery.
Constable Kelly deposed to the arrest of the prisoner at Glenrowan. The armor worn by
Kelly was brought into court and put on by the witness, who showed the marks of the
bullets.
Sergeant Steele gave evidence of Kelly’s capture, and denied that he told Mrs Jones if
she would say prisoner shot her boy, he would recommend her application to the
Government for a portion of the reward. He had not shot the boy Jones, as he used slugs
in his rifle. Had wounded the boy Reardon, who had since recovered.
Dr Reynolds deposed to making a postmortem examination on Constable Lonigan, and
found a wound through the left arm and thigh, a graze outside the eye, and one through
the eye, the fourth ball entered the brain.
This closed the case for the Crown.
Mr Bindon proceeded to address the jury on behalf of the prisoner, and raised certain
points, which he wished the judge to note. He objected to the reception of evidence as to
what occurred on the day of the murder and subsequent to the death of Lonigan; and also
the reception of evasive evidence adduced by leading questions.
His Honor refused to do as re-quested.
My Smyth then summed up on behalf of the Crown.
Mr Bindon calling no witnesses for the defence, Mr Smyth declared Kelly to be
anything but a hero, and said he was a mean thief, who picked the pockets of the men he
murdered.
Mr Bindon replied on behalf of the prisoner, mainly contending that McIntyre’s
evidence was contradictory, and not in accordance with that given at the post-mortem
examination on the bodies of the murdered men. The confessions of a prisoner should not
be taken without due regard to justice at the time of utterance. It was for the jury to
consider whether McIntyre’s evidence was reliable.
The judge having summed up, the jury retired, and after a 20 minutes’ absence brought
in a verdict of GUILTY.
In reply to the usual question. Kelly leaning over the front of the dock, said he thought
it rather late to say anything. Had he conducted the cross-examination of the witnesses
himself, he would have thrown a different light on the evidence. No jury could find any
other verdict.
The judge proceeded to pass sentence, and was several times interrupted by the prisoner
declaring that he and his mates were forced to take up arms. The judge at considerable
length addressed the prisoner, and concluded by passing the DEATH SENTENCE.
Kelly jocularly interjected, “I shall go further on, and meet you there.”
The prisoner was then removed, appearing quite unconcerned.
——————
No. 4783
Tuesday, November 2, 1880.
Page 4, Column 1.
THE CONVICTION OF EDWARD KELLY.
As was intimated in a telegram, in our last issue, that the trial of Edward Kelly, in the
Supreme Court, Melbourne, on a charge of murdering Constable Lonigan at Stringybark
Creek in October, 1878, resulted on Friday in the conviction of the prisoner and his being
sentenced to death. For the following particulars we are indebted to the “Argus”:― Mr.
Bindon addressed the jury on behalf of the prisoner. The evidence, he said, was in one
sense most elaborate, but the great bulk of it was quite extraneous matter. It would be the
duty of the jury to exclude everything from their minds but what related to the death of
Constable Lonigan. What occurred at Euroa, Jerilderie, and Glenrowan was altogether
irrelevant, and with regard to what occurred at Stringybark Creek, they had only the
evidence of one witness. That one witness (Constable McIntyre), had given a very
consecutive and well prepared narrative after the event, but he was in such a state of
trepidation at the time of the affray, that he could not have made the minute observations
he professed to have done, and could not possibly have picked out the prisoner from
amongst the gang as the particular person who shot Lonigan. His statement was therefore
to be received with discredit. The prisoner and his three mates were following a lawful
pursuit in the bush, when a party of men in disguise, fully armed―policemen in plain
clothes, as they afterwards turned out to be―came upon them, and an unfortunate fracas
occurred, in which Constable Lonigan lost his life. Who shot that man no one could tell.
McIntyre said that he saw the prisoner fire at him, but there were shots fired by others at
the same time, and to tell which was the fatal bullet was a matter of impossibility. Only
two men were alive who were in the fray, and it was simply a question of believing the
statement of the one or that of the other. Unfortunately for the prisoner, his mouth was
closed, and they had only the statement of McIntyre before them. That statement,
moreover, was not only that of a prejudiced witness, but the corroborative evidence given
was of most peculiar and unreliable character, being simply a variety of remarks made by
the prisoner himself―remarks made either ad captandum, for the purpose of screening
others, or for keeping the persons he had in durance in subjection. Evidence of this
character was of a most illusory nature, and ought to have no weight with the jury. The
prisoner was not the bloodthirsty assassin the Crown prosecutor had endeavoured to
make out. Both before and after the shooting of the police he showed that he had the
greatest possible respect for human life, for he had many previous opportunities of
assassinating policemen, if that was his desire, and at Euroa and Jerilderie he never
harmed one of the persons who fell into his power. The jury had an important and serious
duty to discharge, and he had to urge them not to take away the life of a man on the
prejudiced evidence of a single man.
His Honour, in summing up, said that the prisoner Edward Kelly was presented against
for that he, on the 26th October, 1878, at Stringybark Creek, in the northern bailiwick,
feloniously, wilfully, and with malice aforethought, did kill and murder Thomas Lonigan.
Murder was the highest kind of homicide. It was the voluntarily killing of any person in
the Queen’s peace by another person of sound mind, with malice prepense and
aforethought, either expressed or implied. Malice was twofold. It might be proved by
expressions made use of by the prisoner, which showed a malevolent disposition, and that
he had an intention to take away the life of another man without lawful cause. It might
also be proved by the prisoner procuring materials to cause the death of another, such as
purchasing a sword, or a knife, or poison, and if those weapons or the poison were used,
it was evidence from which malice might be inferred, unless there was some justification
for their use. As, for instance, if a man bought a pistol intending to shoot A, and went out
intending to shoot him, and if on the way he was assailed and overpowered by another
with whom he had no intention of quarrelling and should kill him, he would be justified
in using the pistol in self defence. If, however, having bought the pistol, he proceeded to
carry out his original intention, and did so, it would be murder. And if two or three or
more persons went out together with an intention of an unlawful character, they were all
principles in the first degree, and each was liable to account for the acts of the others. So
if four men went out armed intending to resist those in lawful pursuit of an object, and
one of those four men interfered with those on their lawful business, and killed them, the
four would be equally guilty of the murder, and might be executed. Here four constables
went out to perform a duty. It was said they were in plain clothes. But with that they had
nothing to do. Regard them as civilians―he used the word because it had been made use
of in the course of the trial, although he thought it inappropriate―what right had four
other men armed to stop them? They had the evidence of the surviving constable as to
what had occurred―that two were left by their companions at the camp―what right had
the prisoner and three other men to desire them to hold up their hands and surrender? But
there was another state of things which was not to be disregarded. These men were
persons charged with a responsible and, as it turned out, a dangerous duty, and they were
aware of that before they started. They went in pursuit of two persons who had been
gazetted as persons against whom warrants were issued, and they were in lawful
discharge of their duty when in pursuit of these two persons; therefore they had a double
protection―that of the ordinary citizen, and that of being ministers of the law, executive
officers of the administration of the peace of the country. Whether they were in uniform
or not, there was no privilege on the part of any person to molest them, and still less was
there power or authority to molest them as constables. The jury had been invited to be
extremely careful before relying upon the evidence of Constable McIntyre. He went
further, and told them to be careful in considering the evidence of all the witnesses.
According to the law of this country, the principles of evidence were the same on all
sides of the Court―at the common law, at the equity, and at the criminal side, with some
few exceptions. As, for instance, in treason there must be two witnesses, although not
necessarily to the same overt act. In perjury there must be generally two witnesses, or one
witness sworn and certain circumstances deposed to on oath to corroborate him. There
must be two witnesses to a will. Some documents must be signed by an attorney, some
documents must be attested by a notary public; but with these and some other
unimportant exceptions one witness was sufficient to prove a case on either side of the
Supreme Court. McIntyre was the only survivor of this lamentable catastrophe. The jury
would have to consider the manner in which he had given his evidence, and say whether
they thought from his demeanour or mode of giving his evidence that he was stating what
was not true. It was not his province to laud or to censure him, but if he had not escaped
there would have been no survivor to give evidence to-day. The jury were properly told
that the prisoner was not on his trial for the murder of either Scanlan or Kennedy, but he
had admitted the evidence of what had occurred prior to the shooting of Lonigan, because
the jury might infer from it what was the motive for shooting Lonigan, or whether the
shooting was accidental or in self-defence. Besides the testimony of McIntyre, there were
also the admissions made by the prisoner himself at different times, and at different
places, to different persons. Two clauses of those admissions were made at Euroa and
Jerilderie, and the other at the time of his capture. On the first two occasions, the prisoner
was not under any duress, and it was for the jury to say what motive he had in making the
admissions. There was no compulsion upon him; he answered questions which were put
to him when he might have held his tongue. These admissions were spoken to by five
different persons at one place, by three at the other, and by three at the third, and it was
for the jury to say whether these witnesses had concocted the story or not.
The jury then retired, and after deliberating about half-an-hour returned into Court with
a verdict of guilty.
The prisoner, having been asked in the usual way if he had any statement to make,
said:―Well, it is rather too late for me to speak now. I thought of speaking this morning
and all day, but there was little use, and there is little use blaming any one now. Nobody
knew about my case except myself, and I wish I had insisted on being allowed to
examine the witnesses myself. If I had examined them, I am confident I would have
thrown a different light on the case. It is not that I fear death; I fear it as little as to drink a
cup of tea. On the evidence that has been given, no juryman could have given any other
verdict. That is my opinion. But as I say, if I had examined the witnesses I would have
shown matters in a different light, because no man understands the case as I do myself. I
do not blame anybody―neither Mr. Bindon nor Mr. Gaunson; but Mr. Bindon knew
nothing about my case. I lay blame on myself that I did not get up yesterday and examine
the witnesses, but I thought that if I did so it would look like bravado and flashness.
The court crier having called upon all to observe a strict silence whilst the judge
pronounced the awful sentence of death.
His Honour said: Edward Kelly, the verdict pronounced by the jury is one which you
must have fully suspected.
The Prisoner. Yes, under the circumstances.
His Honour: No circumstances that I can now conceive could have altered the result of
your trial.
The Prisoner: Perhaps not from what you can now conceive, but if you had heard me
examine the witnesses it would have been different.
His Honour: I will give you credit for all the skill you appear to desire to assume.
The Prisoner. No, I don’t wish to assume anything. There is no flashness or bravado
about me. It is not that I want to save my life, because I know I would have been capable
of clearing myself of the charge, and I could have saved my life in spite of all against me.
His HONOUR: The facts are so numerous, and so convincing, not only as regards the
original offence with which you are charged, but with respect to a long series of
transactions covering a period of 18 months, that no rational person would hesitate to
arrive at any other conclusion but that the verdict of the jury is irresistible, and that it is
right. I have no desire whatever to inflict upon you any personal remarks. It is not
becoming that I should endeavour to aggravate the sufferings with which your mind must
be sincerely agitated.
The Prisoner: No, I don’t think that. My mind is as easy as the mind of any man in this
world, as I am prepared to show before God and man.
His Honour: It is blasphemous for you to say that. You appear to revel in the idea of
having put men to death.
The Prisoner: More men than we have put men to death, but I am the last man in the
world that would take a man’s life. Two years ago, even if my own life was at stake, and
I am confident if I thought a man would shoot me, I would give him a chance of keeping
his life, and would rather part with my own. But if I knew that through him innocent
persons’ lives were at stake I certainly would have to shoot him if he forced me to do so,
but I would want to know that he was really going to take innocent life.
His Honour: Your statement involves a cruelly wicked charge of perjury against a
phalanx of witnesses.
The Prisoner: I daresay, but a day will come at a bigger court than this when we shall
see which is right and which is wrong. No matter how long a man lives, he is bound to
come to judgement somewhere, and as well here as anywhere. It will be different the next
time they have a Kelly trial, for they are not all killed. It would have been for the good of
the Crown, had I examined the witnesses, and I would have stopped a lot of the reward, I
can assure you; and I do not know but I will do it yet, if allowed.
His Honour: An offence of this kind is of no ordinary character. Murders had been
discovered which had been committed under circumstances of great atrocity. They
proceeded from motives other than that which actuated you. They have had their origin in
many sources. Some have been committed from a sordid desire to take from others the
property they had acquired, some from jealousy, some from a desire for revenge, but
yours is a more aggravated crime, and one of larger proportions, for with a party of men
you took up arms against society, organised as it is for mutual protection, and for respect
of law.
The Prisoner: That is the way the evidence came out here. It appeared the I deliberately
took up arms of my own accord, and induced the other three men to join me for the
purpose of doing nothing but shooting down the police.
His Honour: In new communities, where the bonds of society are not so well linked
together as in older countries, there is unfortunately a class which disregards the evil
consequences of crime. Foolish, inconsiderate, ill-conducted, unprincipled youths
unfortunately abound, and unless they are made to consider the consequences of crime
they are led to imitate notorious felons, whom they regard as self-made heroes. It is right
therefore that they should be asked to consider and reflect upon what the life of a felon is.
A felon who has cut himself off from all decencies, all the affections, charities, and all
the obligations of society is as helpless and degraded as a wild beast of the field. He has
nowhere to lay his head, he has no one to prepare for him the comforts of life, he suspects
his friends, he dreads his enemies, he is in constant alarm lest his pursuers should reach
him, and his only hope is that he might use his life in what he considers a glorious
struggle for existence. That is the life of the outlaw or felon, and it would be well for
those young men who are so foolish as to consider that it is brave of a man to sacrifice
the lives of his fellow creatures in carrying out his own wild ideas, to see that it is a life to
be avoided by every possible means, and to reflect that the unfortunate termination of
your life is a miserable death. New South Wales joined with Victoria in providing ample
inducement to persons to assist in having you and your companions apprehended, but by
some spell which I cannot understand―a spell which exists in all lawless communities
more of less―which may be attributed either to a sympathy for the outlaws, or a dread of
the consequences which would result from the performance of their duty―no persons
were found who would be tempted by the reward. The love of country, the love of order,
the love of obedience to the law, have been set aside for reasons difficult to explain, and
there is something extremely wrong in a country where a lawless band of men are able to
live for 18 months disturbing society. During your short life you have stolen, according to
your own statement, over 200 horses.
The Prisoner: Who proves that?
His Honour: More than one witness has testified that you made the statement on
several occasions.
The Prisoner: That charge has never been proved against me, and it is held in English
law that a man is innocent until he is found guilty.
His Honour: You are self-accused. The statement was made voluntarily by yourself.
Then you and your companions committed attacks on two banks, and appropriated
therefrom large sums of money, amounting to several thousand pounds. Further, I cannot
conceal from myself the fact that an expenditure of £50,000 has been rendered necessary
in consequences of the acts with which you and your party have been connected. We
have had samples of felons and their careers, such as those of Bradly and O’Connor,
Clark, Gardiner, Melville, Morgan, Scott, and Smith, all of whom have come to
ignominious deaths; still the effect expected from their punishment has not been
produced. This is much to be deplored. When such examples as these are so often
repeated society must be reorganised, or it must soon be seriously affected. Your
unfortunate and miserable companions have died a death which probably you might
rather envy, but you are not afforded the opportunity―
The Prisoner: I don’t think there is much proof that they did die that death.
His Honour: In your case the law will be carried out by its officers. The gentlemen of
the jury have done their duty. My duty will be to forward to the proper quarter the notes
of your trial and to lay, as I am required to do, before the Executive any circumstances
connected with your trial that may be required. I can hold out to you no hope. I do not see
that I can entertain the slightest reason for saying you can expect anything. I desire to
spare you any more pain, and I absolve myself from anything said willingly in any of my
utterances that may have unnecessarily increased the agitation of your mind. I have now
to pronounce your sentence.
His Honour then sentenced the prisoner to death in the usual form, ending with the
usual words, “May the Lord have mercy on your soul.”
The Prisoner: I will go a little further than that, and say I will see you there where I go.
The court was cleared, and the prisoner was removed to the Melbourne gaol.
——————
To the “Herald” we are indebted for the following particulars with regard to the
demeanour of the convict and of an interview with some of his relatives:―
The sentenced man, Edward Kelly, is confined in the condemned cell at the Melbourne
gaol, dressed in prison clothes and ironed. He is supplied with the ordinary prison fare.
His hair has not been cut, nor his ample beard taken off.
On Friday evening, as the prisoner was being removed from the court-house to the gaol,
he said that the last of the Kellys was not disposed of yet, and that it would take 40,000
policemen to get rid of them. He added that he would “come back” to render assistance to
his relatives, whatever that promise may mean. When in gaol last evening the prisoner
engaged in the pastime of singing secular songs, as he has done on other occasions since
his reception in the establishment; and one of the warders reminded him that his conduct
was hardly becoming in a man in his position. The prisoner, however, soon discontinued
his vocal amusement. On the whole Kelly conducts himself quietly and in a decorous
manner. He still complains that his true character was not properly brought out at the
trial. Official notice that Kelly has been sentenced to death will be given to-day to the
Very Rev. Dean Donohough, the Catholic chaplain of the gaol, who no doubt will make
an early visit to the convict.
On Saturday morning Mr William Gaunson had an interview with Mr Graham Berry,
Chief Secretary, respecting the case of the condemned man, with the object of procuring
an order on the governor of the Melbourne gaol to allow the convict to see his sister and
relatives. Mr Berry after considering the matter granted the necessary order, which on
being presented by Mr W. Gaunson to Mr Castieau, the governor of the gaol, was at once
complied with. The party consisted of three young men named McAuliffe, Ryan, and
Lloyd, together with Miss McAuliffe, Miss Kate Lloyd and Mrs Skillion, prisoner’s
sister. The interview between the condemned man and his relatives was of a very
touching mature. He was quite calm in his demeanor, and expressed a hope that he would
meet his doom in a proper manner, and also that the result of his execution might lead to
an investigation into the whole conduct and management of the police. Kelly denies that
he is the bloodthirsty villain which the police have tried to make him out, and that he
always refrained from taking human life, notwithstanding that he had many opportunities.
When the condemned man spoke of his mother (who is in prison over the Fitzpatrick
affair), he was deeply affected, and said he hoped there was more justice shown in
another world than had been shown to him and his family here. We are of course not
permitted to publish all that took place at the interview. The prisoner expressed a desire
to see Kate Kelly, and also his little sister Grace Kelly. They will in all probability be
down from the country as soon as Mrs Skillion returns home. Kate Kelly has not been in
Melbourne during the trial, as she had to stop at home to mind her sister’s children. The
prisoner expressed himself as deeply grateful to Mr W. Gaunson for having procured the
necessary permission for his relatives to see him, and for the efforts which Mr David
Gaunson, his solicitor, had made on his behalf from beginning to end. The prisoner also
said that he would like to give Mr W. Gaunson a statement, which that gentleman said he
would see was forwarded to the Government. The interview then terminated.
——————
No. 4784
Thursday, November 4, 1880.
THE MURDERER KELLY.―EDWARD KELLY, the condemned bushranger, has, we learn,
since his conversation, maintained a very quiet demeanour. He takes his exercise
regularly, heavily ironed, and appears to realise his position more than he has done
recently. He eats his meals heartily, however, and sleeps soundly. He paid much attention
to the Roman Catholic priest who visited him, and accepted his spiritual consolation
readily. The following advertisement appeared in the metropolitan journals on Tuesday,
and it reads more like a common circus or concert “draw” than the convention of a
meeting to take into consideration a matter on which the fate of a human being (although
a murderer and condemned to expiate his crimes upon the gallows) depends:―“The
condemned man, Edward Kelly. A meeting of persons who, under all the circumstances
of the case, are desirous of obtaining a reprieve for Edward Kelly will be held on Friday
evening next, at the Hippodrome, Exhibition-street, Melbourne, at 8 o’clock. Mr David
Gaunson, M.L.A. (solicitor for the prisoner), will give a short history of the case. Other
speakers will be present. The stage and balconies will be reserved for ladies, who can
obtain admission thereto by calling on Mr William Gaunson, 17 Eldon Chambers, Bank-
place, Melbourne, any time during Wednesday, Thursday or Friday this week. The
unfortunate sisters of the prisoners will be present. Immediately after the meeting a
procession (four abreast) will march to Government House to present to his Excellency
the Governor the resolutions arrived at by the meeting.” For what reason is it sought to
interfere with a rightful and a just sentence passes our comprehension; for the convicted
man was a cowardly murderer, and therefore should, at the hands of the executioner, be
treated as such. By telegram we learn that at a meeting of the Executive Council held on
Wednesday, it was decided not to interfere with the sentence, which will be carried into
effect on Thursday next.
——————
No. 4785
Saturday, November 6, 1880.
Page 4, Column 1
THE CAREER AND FATE OF
EDWARD KELLY.
Now that, in all human probability, nothing but the scaffold stands between EDWARD
KELLY and his GOD, whose laws, as well as the laws of man, he for so many years set at
defiance, it is well, for the sake of those who sympathise with him, and would, if they
dared follow his example, to draw from his career the lessons they are so well calculated
to teach. The unfortunate man who now lies awaiting his doom undoubtedly possessed
more than ordinary abilities which might have rendered him a useful and reputable
member of society; and an audacity which, if it had found legitimate occupation, might
have given him a foremost place as a sailor, a soldier or an explorer. Instead of that,
owing to the ill-training he unhappily received and the evil propensities he fostered, he is
now about to be hurried from this world, in the pride of his youth, his health and his
vigor, by the hands of the common hangman. He himself has boasted, with that spirit of
braggadocio for which he was notorious, that he stole 280 horses from the district he has
rendered infamous. Certain it is that he took to that line of life at a very early period; so
that when he was undergoing his first sentence in Beechworth Gaol he was still a
handsome and unbearded youth, although already an adept in crime. As to his assertion,
and that, also, of his many admirers, that the police persecuted him and drove him to take
up arms against them and the law, we, who have watched his career from the first, can
safely declare that he had fully qualified himself for a life of crime before he attracted the
special notice of the authorities. As a mere boy he had joined the bushranger POWER as a
bush scout, and even before that he was recognised amongst his associates as a daring
and clever proficient in cattle and horse stealing. Unfortunately for him, a number of
relations and friends of his parents, more or less given to these practices, had settled
down in the neighbourhood of his parents’ house; and the youth then became so imbued
with criminal proclivities that he came in time to regard a levy on the property of his
honest neighbours as a legitimate calling, and to look on the police as his natural
enemies. At this period he does not seem to have actually contemplated bloodshed,
although his desperate encounter at Greta with Constable HALL, who only mastered him
after a deadly struggle by superior strength, proved that even then he held the lives of
others cheaply, if they stood in his path. Certain it is that when the warrants for horsestealing were issued which led up to the attack on the police at Stringybark Creek, K ELLY
made up his mind not to stop short of murder; for the police were aware a fortnight
before Constable FITZPATRICK was wounded in Mrs KELLY’S house that he and his brother
were armed. It is unnecessary for us to repeat the oft-told tale of the attack on Sergeant
KENNEDY’S camp. It was cunningly planned; the police were taken at a dreadful
disadvantage; and we are confident, from all that transpired then and since, that KELLY
had resolved to exterminate the whole party and, most probably, to leave no trace of their
remains. Who can doubt that were it not for the miraculous and providential escape of
Constable McINTYRE there would never have been a true story of that tragedy? Still more,
judging from what FITZPATRICK overheard while he was lying stunned and half conscious
in Mrs KELLY’S, on the night he was assaulted there, as to the fate that awaited him, and
also from what the outlaws themselves said on several occasions with reference to
Sergeant STEELE, Constable STRACHAN and others, we can come to no other conclusion that
had the whole party been overwhelmed at the Wombat, the bodies would have been
consumed, and thus all trace of the crime for ever destroyed. Here, however, without
speculating on what might have occurred had not McINTYRE got off, we cannot avoid
reverting to the inhuman and cowardly manner in which Kelly, according to his own
account, gave poor Sergeant KENNEDY his coup de grace, while lying wounded and
unarmed and begging for his life for the sake of his wife and children. Nothing more
barbarous than that deed can well be conceived. We may also pause at this point to
consider the extraordinary delusion, if it be one, under which KELLY appears to labor, with
regard to the character of his proceedings on that day. He pretends to think that he is not
guilty of murder “because if he had not shot the police, the police would have shot him.”
Incredible as it may appear, a great many persons―no doubt sympathisers―adopt this
absurd view of the affair. The matter is, of course, not arguable; for, as the judge who
tried KELLY pointed out, had the party attacked been ordinary citizens, and had they been
challenged; had they resisted, and had any of them been killed, that would have been
murder. How much more grievous is the offence when the assailed are in the
performance of a public duty and armed with the authority of the law. But the law goes
further than this. Had any person innocent of the quarrel chanced to be standing or
passing by during the fray, and had he been shot, every one of the unlawful assailants
would be held guilty of murder. If it be not murder to go armed in search of a party of
officers of justice, to challenge them with weapons presented at their heads, and shoot
them down on the first show of resistance, then there is no such crime. As to the
subsequent daring robberies of the gang, at Euroa and Jerilderie, who can pretend to think
that blood would not have been ruthlessly shed, without prompt compliance? Then again,
what question can there be that the KELLYS were prepared to mangle, maim or murder
persons unconcerned, as well as the police, when they took up the rails at Glenrowan?
And was it not by another providential circumstance only that dozens, perhaps hundreds,
of innocent persons were not then and there hurried into eternity―men, women and
children―without challenge or warning of any kind, or rendered helpless and miserable
for life. KELLY was not tried for these offences; but we refer to them to show that
whatever reguard for humans life remained to him up to the time he allowed F ITZPATRICK
to escape, he had lost all such consideration before his career was happily brought to a
close. It is true he had never yet actually committed murder for murder’s sake; but he was
ready to sacrifice any number of human lives in pursuit of vengeance or money. Here,
too, we may well reflect for a moment on the strange mental obliquity of those who
glorify this man, because, without much danger to his own life, he did not hesitate to
immolate those of others for the gratification of the most sordid passion. Did not this
would-be hero, as Mr SMYTH, the Crown Prosecutor, pointed out at the trial, descend to
rifle the pockets of the dead bodies of his victims. To us the sympathy with such an
unmitigated scoundrel as KELLY, is inexplicable―a shameless thief from his boyhood, a
cowardly assassin, a wholesale human butcher, and a pickpocket of the dead. And now,
after a career which it would be a mistake to call successful―so wretched must have
been the lives led by the outlaws―one of them has been ignominiously shot, like a rat in
a hole; two have met the same fate which they most probably intended for the police at
Stringy Bark Creek; and the last and most prominent villian amongst them, after
squandering the results of his robberies amongst his associates, now lingers a few
miserable days without a friend to defend him or a hope on this side of the grave. Surely
the remorse, the misery, the despair he must now feel, in spite of his braggart manner and
his pretended contempt for a hideous death, are a heavy price to pay for a few months’
evil notoriety. We strongly recommend to those persons who KELLY boasts are to come
after him to avenge his death, to reflect on how little comfort or benefit he gained from
his ill-gotten spoils; how poor was his reward for the dangers and hardships he
encountered; how inglorious, after all, was his capture; how desolate he is left in the
contemplation of a disgraceful doom; and what a wretched ending is about to be made of
a worthless and miserable life.!
——————
Page 5, Column 3.
THE CONDEMNED MAN KELLY.―On Thursday Edward Kelly, the bushranger, was
visited by his sister Kate and brother James, and the interview, according to the “Daily
Telegraph,” was very affecting. “Wild” Wright and Mr William Gaunson also presented
themselves at the gaol―in fact, the whole party arrived in a cab, but the two last-named
were not allowed to interview the condemned man, who still maintains a generally
passive demeanour. He is regularly visited by a Roman Catholic priest. A number of
people who had become aware that Kelly’s relatives were in attendance at the gaol
yesterday waited patiently while they were inside, in the hope of seeing them. Miss Kate
Kelly’s bearing, we are informed, was very modest, and quite opposed to that she has
been credited with. Kelly has finished the first communication he was engaged in writing,
and now spends a good deal of his time writing a history of the Glenrowan affair. The
prisoner submitted a rambling statement of his case to the Executive on Wednesday. It
was (says the “Argus” a reiteration of what he said in court―that matters would have
borne a different aspect had he cross-examined the witnesses; that he did not go out to
shoot the constables, but they went out to shoot him; and that he was not guilty of the
charges they purposed arresting him upon.
——————
No. 4786
Tuesday, November 9, 1880.
Page 2, Column 2.
Large crowds of Kelly sympathisers collected in the vicinity of the Treasury all day.
Shortly before 10 o’clock arrangements were made for a procession of women to
Government House. Large crowds of Men, women and children proceeded along
Swanston-street. The police endeavoured to stop them at Princes’s Bridge, but were
unable to do so without having recourse to coercion. The officer, in charge proceeded to
Government House in advance, and ordered the gates to be closed. This was done, and
the procession brought to a standstill. An intimation was forwarded to the Governor, but
he reclined to receive a deputation. The crowd returned to Melbourne, waiting the
decision of the Executive Council, at 3 o’clock, held for the purpose of considering the
case. Several partitions, numerously signed, were presented by the Gaunsons. After a
brief deliberation the Executive declined that the law should take its course.
The condemned man Kelly maintains a respectful attitude, and receives the attention of
the clergyman courteously.
——————
Page 2, Column 4.
THE CONDEMNED MAN KELLY.―A large number of persons congregated in the vicinity
of the Town-hall on Saturday, for the purpose of witnessing the deputation that had been
talked of to his Excellency the Governor, respecting the condemned man, Edward Kelly,
who is now lying in the Melbourne Gaol under sentence of death for the police murders
at Stringy Bark Creek, in October, 1878. Contrary to expectation (says the “Telegraph”),
no procession took place, but at the appointed hour, half-past 10 a.m., the Gaunson
Brothers, Kate Kelly, ant two others, proceeded to Government-house in a waggonette,
and presented the resolution which had been carried at the meeting held at the
Hippodrome the previous evening to his excellency the Marquis of Normanby. In reply
——————
Page 2, Column 7.
A NOVEL IDEA.―From all accounts the convict Kelly has cost the country some
£50,000, and as we are going to hang him there is no likelihood of his paying off the debt
in any ordinary way. It has been suggested by a facetious contemporary, however, that if
he were taken next Thursday to the Exhibition Building and were publicly hanged there,
a charge of £1 entrance money for the special occasion would result in the sum of
£50,000, if not more. This would be putting the Exhibition building to some practical use.
Kelly is such an atrocious scoundrel that there ought to be no sentimental foolings
whatever about the disposal of his carcase.
THE HIPPODROME MEETING.―A meeting of the persons desirous of obtaining a reprieve
for the condemned man Edward Kelly was held on Friday night in the Hippodrome,
Stephen-street, Melbourne. It was convened by the brothers Gaunson, and was attended
by at least 6000 persons. Only 4000 were able to secure admittance, and the remainder
had to remain outside in the street. The crowd (we learn from the “Argus”) was of a
miscellaneous description, comprising 200 or 300 women from Little Bourke-street and
the vicinity, large numbers of the larrikin class and hundreds of working-men and others
who were attracted by mere curiosity. Mr Hamilton, phrenologist, acted as chairman, and
the speakers were Messrs David Gaunson, Wm. Gaunson, and T. P. Caulfield. Mr David
Gaunson reviewed the convict’s case at great length, and argued that Kelly
conscientiously believed that the police came after him and his brother for the purpose of
shooting them down like dogs; that he did not intend to shoot any of them, but simply
wanted to make prisoners of them, and appropriate their horses and arms; that he fired on
none of them until they refused to surrender; and that his whole career showed that he
was not the bloodthirsty character he was generally represented to be. For these reasons
he contended that he should not suffer capital punishment, and he therefore moved “That
this meeting, having considered all the circumstances of Edward Kelly’s case, believes it
is one fit for the exercise of the royal prerogative of mercy, and therefore, earnestly prays
His Excellency the Governor in Council to favourably regard the prayer of this meeting,
viz., that the life of the prisoner may be spared.” This resolution was seconded by Mr
Caulfield, and was carried unanimously. It was also resolved that the resolution should be
presented to His Excellency on Saturday morning at half-past 10 o’clock. The original
intention was to form the meeting into a procession, and march direct to the Governmenthouse, but as the regulations of the City Council had not been complied with, this would
have been illegal.
——————
No. 4787
Thursday, November 11, 1880.
Page 2, Column 2.
A KELLY SYMPATHISER.
MR DAVID GAUNSON has led a strange and chequered career in this colony, and it is only
necessary to describe it to impress the public with a correct idea of that demagoguie
politician. Several years ago Mr GAUNSON, at the time a newly fledged solicitor, having
served his time, like Sir JOSEPH PORTER, as an attorney’s clerk, stood for Parliament against
Mr J. G. FRANCIS, then a popular candidate. Mr FRANCIS was then in favor with Liberals of
the day, but Mr GAUNSON resolved to go beyond him, and therefore he stood on the
platform at Richmond, and enunciated Radical views which put Mr FRANCIS in the shade.
The “working-man” was Mr GAUNSON’S cry, but he failed to gain the ear of even the
electors of Richmond. Mr GAUNSON afterwards turned up in regret to say that Mr M. B.
CARROLL, Dundas, but failed. Subsequently, we who was member for Ararat, was sent to
gaol, and Mr GAUNSON was elected in his stead. Since then Mr GAUNSON has played an
important part in Victorian politics, to the disgrace of the community. He was returned in
1877 as a red-hot supporter of the BERRY party; but it soon became evident that GAUNSON
only cared for GAUNSON. Mr BERRY could not see the policy of Mr WILLIAM GAUNSON being
thrust upon Castlemaine, and therefore the GAUNSON tribe declared against him. From that
time Mr DAVID GAUNSON pursued the BERRY Ministry with Little Bourke-street abuse. At
last his object was accomplished, and Mr BERRY was driven out of power. It was now that
the vile character of the member for Ararat was displayed. He went to the ballot-box as a
“soldier” acting under Mr SERVICE’S orders, but he returned as a rebel. Mr SERVICE was too
honorable to reward the traitor, and the traitor turned upon him. The gentleman who had
declared in favor of Free-trade, against Liberal ideas, at once became a convert to
Radicalism. The reason was soon apparent. When Mr SERVICE was turned out of office Mr
DAVID GAUNSON was elected Chairman of Committees, although Mr M IRAMS, with whose
political views we have no sympathy, was entitled to the position. The Liberal party were
terrified, and bought off the member for Ararat. We say this, knowing the consequences
perfectly well, and prepared to stand to what we say. Mr G AUNSON, we say, terrified the
Liberal party into giving him the position. They hated him; they hate him now; they
despise him as they do the dirt upon which they tread; but for all that they gave him the
position. CERBERUS must have his fill; and the Liberal party weakly, we may say
criminally, acceded to the political NED KELLY. Since then the month of this political NED
KELLY has been to some extent sealed. But if he had to be decorous in the Assembly—if
he could not indulge in the vile language that he used to Mr BERRY and Mr PATTERSON, he
resolved to distinguish himself in another sphere. He became the advocate of EDWARD
KELLY. Like goes to like. His conduct since has been indecent, opprobrious. He has
disgraced this community, he has raised an agitation the like of which we have not
known. He has countenanced crime of the most terrible character. He and his brother
have brought the colony into disgrace. Had he been a private member, he might have
been allowed to do what he pleased; but we demand that as Chairman of Committees, the
position for which he bargained, he should be dealt with at once. Otherwise it will be
thought that Victoria sympathises with crime.
——————
TELEGRAPHIC DESPATCHES.

VICTORIA.
——————
(FROM OUR OWN CORRESPONDENTS.)
——————
MELBOURNE, Wednesday.
Mrs Jones, the landlady of the Glenrowan Hotel, which was destroyed some months
ago by the police in endeavoring to arrest the Kelly gang, was arrested this morning in
Lonsdale-street, near the Robert Burns Hotel, charged with harboring Ned Kelly. The
information was laid in Melbourne, and the warrant granted by Mr Panton, P.M. Accused
when brought to the lock-up declared herself innocent; that she had been bailed up by the
bushrangers, and never saw them before the night of the catastrophe, when they
threatened to smash in the door of the hotel unless admitted. She will probably be brought
before the police court to-morrow, and remanded to Wangaratta.
A meeting of the Executive was held at 12 (appear to be words missing) Kelly’s case.
It was decided that the law should take its course.
A deputation of ladies arranged to wait on Mr Berry, but were refused admission. Mr
Gaunson accordingly arranged to hold a public meeting to-night, when a demonstration is
expected to be made by those interested.
It is stated that the Government purpose foregoing the reductions in the Civil service,
in order to overcome the difficulty raised by Sir Bryan O’Loghlen’s motion in the House.
About £10,000 is thus sacrificed.
——————
Page 2, Column 5.
EDWARD KELLY.―At nine o’clock this (Thursday) morning, the last act in the tragedies
enacted by the Kelly gang of outlaws during a period extending over nearly two years
will be proceeded with―viz., the execution of Edward Kelly, a man who by his evil
deeds established a reign of terror throughout the colony, and gained an unenviable
notoriety which will doubtless continue for many years to live after the law has been
satisfied, by causing him to expiate the numerous daring and bloodthirsty deeds which
are laid to his charge on the scaffold, at the hands of the common hangman;
notwithstanding the numerous demonstrations and petitions that have been got up, at the
instigitation of the brothers Gaunson, in his favor. The Chief Secretary, who, we are glad
to see, has taken a firm stand in the matter, has decided that no persons but the officials
and representatives of the press shall be present at the execution.
——————
Page 2, Column 7.
KELLY’S AUTOBIOGRAPHY.
——————
Page 3, Column 1.
MR. CURNOW, THE LATE GLENROWAN SCHOOLMASTER.
——————
No. 4788
Saturday, November 13, 1880.
Page 4, Column 1.
EDWARD KELLY AND DAVID GAUNSON.
HAD EDWARD KELLY’S execution been allowed to go without the inflammatory, seditious
and plainly useless appeals to the worst passions of the worst portion of the
community―had the unfortunate man been allowed to die in peace, without having
revived in his breast cruel fallacious hopes―it is probable that his fate would have had a
salutary effect. As it is, the false sympathy which a few professional agitators excited in
favour of the condemned man may work future evil. It is a foolish thing to alarm the
public; but it is still more unwise to blind ourselves to a possible danger. We have,
therefore, no hesitation in saying that there are persons in this district who will be led into
the delusion that the late demonstrations in Melbourne, under the leadership of Mr
GAUNSON, were a true expression of the feelings of the people at large. That they will be
so mistaken in England is certain, and we must admit that appearances are against us. On
the surface it will, of course, simply appear that thousands of persons have assembled to
express sympathy with one of the most dangerous scoundrels who ever appeared in
Australia―a man who wound up a whole life of thieving by a series of deliberate and
dastardly murders, who, although taken red-handed and in the act of attempting a
wholesale crime to which there are few parallels, was treated with unusual clemency. But
it will not be known to persons judging us from a distance that the crowds of apparent
sympathisers who were brought together by Mr GAUNSON, in addition to persons tempted
through excitement or curiosity, were composed of the lowest portion of the population
of a city which has, as its substratum, as villanous a class of blackguards and prostitutes
as are to be found on the face of the earth. It is, indeed, difficult to see anything in
KELLY’S career which could have elevated him into a hero in the minds of any but the
most depraved. The agrarian murders in Ireland, unrelenting and cowardly as they are,
are characterised by the redeeming quality that they are seldom undertaken from
avaricious motives. Indeed, so jealous are the Irish peasantry on this point, that the
murderers not only refrain from robbing the bodies of their victims, but take steps to
show that such is not their object by turning the pockets inside out and depositing the
watch, money, &c., found there on the breast of, or beside, the murdered man. But what
did KELLY do? All his life he had been, confessedly, stealing the horses of industrious
men and spending the proceeds in the gratification of his passions, and in glorifying
himself amongst associates not less bad, but less bold, than himself. While he was at
intervals apparently gaining an honest livelihood―and no man could work harder or
better than he when he chose―he was in reality the head centre of the most perfect
horsestealing organization that ever existed in Australia, which is saying a good deal.
After shooting poor KENNEDY―whose blood was not cried to Heaven in vain―he rifled
the pockets of the slaughtered man, not so much robbing the dead as the widow, who has
never recovered the blow, and the children whom the wounded man prayed so pitifully,
and hopelessly, to be allowed to see, KELLY then returned (like the unclean bird to the
carrion) and stripped the money from the pockets of the four victims, and even the rings
from their dead fingers. The whole tragedy was so dreadful that we cannot help repeating
the circumstances again and again. No touch of mercy appears to have visited the hearts
of these miscreants during that terrible day. Little did the sentiment which the poet puts
into the mouth of EUGENE ARAM trouble these assassins―
And yet I fear him all the more for lying there so still;
There was a manhood in his look that murder could not kill.
No, but there was a ring on SCANLAN’S finger which we subsequently saw on the upward
stiffened hand of BYRNE, when lying dead at Glenrowan. And KELLY is the man for whom,
without a particle of human pity himself, misguided or designing persons have been
asking for mercy. As to Mr GAUNSON, we did think that anything he could do, after his
vile treatment of Mr BENT in the matter of that gentleman’s most generous conduct,
would surprise us. But in the KELLY business he has surpassed himself and outGaunsoned GAUNSON. It was bad enough that he should have used his privilege as an
attorney to put into the mouth of the illiterate outlaw the rigmarole of sentimental
absurdity which subsequently appeared in the “Age.” But that he should now, after
having had every opportunity of defending KELLY at his trial, set up a new defence upon a
pretended affidavit is almost past comprehension. Unless Mr GAUNSON aims at being a
Victorian MARAT, we confess we do not understand the position he has taken up in this
matter. We have no doubt that, were it not for the good sense of the majority of the
people who were attracted to the demonstration of Wednesday night, a riot might have
been created, of the results of which the inhabitants of Melbourne would have had no
previous conception. Because, well ordered as that city unquestionably is, and strong as
the police may be, an element exists in the slums of Melbourne and the suburbs, which
once let loose would make sad havoc before the ringleaders could be accounted for. Our
chief object, however, in referring to the two persons whose names we have gibbeted
together at the head of this article, is to warn the police and the public that we have
probably not heard the last of the sympathisers. No one knows better than Mr GAUNSON,
who has reduced the doctrine to a profession, that the worst passions are the most easily
excited. There is also a class of crimes dictated by vengeance, which, although
perpetrated by a single hand, may produce a sweeping catastrophe. The only way to
prevent such offences is by the establishment of a relentless public opinion against the
offenders. It is a positive fact that during the pursuit of the KELLYS the police had no
assistance from the public. On the contrary, partly from sympathy, and partly, no doubt,
from terror, actual difficulties were placed in the way of the officers of justice. Had the
honest people of the infected districts openly discountenanced the KELLYS, instead of
remaining cowed and silent, the career of the gang would have been short. But to produce
such a state of feeling individual property must be given an immunity from the results of
outrage, by ensuring compensation to the sufferers. There would be no temptation to set
fire to a man’s stack of wheat, if he were to suffer no loss; and there would be still less
inducement if the incendiary himself would have to pay a portion of the damage.
Whether the burden of compensation in such cases should fall upon the district or be
borne by the State, we do not now discuss; but there ought to be some such security to
law-abiding men. As to personal attack, every man ought to be prepared to defend
himself. But as to any outrage which would involve the lives of a number of innocent
people―and there are reasons for supposing that such might be attempted―then the
public must insist on the whole nest of ruffians being exterminated by the law, if
possible; but if that proves inadequate, then without the law.
——————
TELEGRAPHIC DESPATCHES.
——
VICTORIA.
—————
(FROM OUR OWN CORRESPONDENT.)
——————
MELBOURNE, Thursday.
The execution of Edward Kelly, the notorious bushranger, took place this morning
within the precincts of the Melbourne Gaol, in the presence of a number of medical men,
magistrates and representatives of the press.
Punctually at ten o’clock, the hour fixed for the execution, Sheriff Rede marched to the
door of the press-room, and demanded from the governor of the gaol the body of Edward
Kelly; at the same time producing the warrant for the execution.
Upjohn, the hangman, was shortly afterwards summoned from the room opposite, and
appeared with a strong leathern strap, with which he secured Kelly’s arms tightly at the
elbows.
Kelly was then led out on the trap, preceded by a clergyman of the Roman Catholic
Church, carrying a cross.
About five minutes afterwards the hangman stepped forward and placed the noose of
the rope hanging pendant over his head round the neck of the condemned man. A white
cap was then drawn over his face. Immediately this was done, the signal was given for
the prisoner to be launched into eternity.
The body fell about eight feet and was brought up with a terrific jerk; Kelly being a
large, heavy man. Death must have been instantaneous, as beyond a slight listing of the
shoulders and spasmodic quiver of the larger limbs, no motion was visible.
The body was cut down half-an-hour afterwards, placed in a roughly made coffin, and
conveyed to the dead-house, where an inquest was held in the afternoon.
The only words uttered by Kelly were addressed to the governor of the gaol, who
informed him of the hour fixed for the execution, when Kelly replied “Such is life.”
The proceedings of the execution were simply formal.
——————
Page 4, Column 3.
The exhibition of Kate Kelly and her friends is exciting much indignation amongst
respectable people. It is drawing large crowds of the lower orders. Arrangements have
been made for showing the horses on which Ned Kelly and Kate Kelly distinguished
themselves. A good deal of money has been taken already.
——————
No. 4789
Tuesday, November 16, 1880.
Page 3, Column 5.
MR D. GAUNSON’S CONDUCT.―The following petition―the sentiments expressed in
which all right-minded persons will endorse―was on Friday prepared in Ballarat, for
presentation to the Speaker and other members of the Assembly, and most numerously
signed by persons of all shades of politics:―“Gentlemen,―The undersigned, residents of
Ballarat, beg most respectfully to approach your honourable House, representing: 1st.
That they have observed with the deepest grief the position into which the colony has
been placed in connection with the sentence of the late Edward Kelly by the action of one
of your responsible officers, namely, the hon. member for Ararat, your present Chairman
of Committees. 2nd. They would not condemn, but commend, every effort put forth by the
hon. member for the purpose of obtaining either the acquittal or reprieve of his client, so
long as such efforts were kept within legitimate bounds; but they submit to your
honourable House that it is simply scandalous that he should call public meetings and lay
before such meetings garbled and one-sided statements, all of which are calculated to
intensify the hatred of the criminal class towards the police, and to bring the law into
contempt. We would specially direct the attention of your honourable House to the fact
that after Kelly had laid his finished plot to wreck a train and in cold blood sacrifice the
lives of a number of men who were simply in the execution of their duty, and after Mr
Curnow had nobly risked his life to save the train, your chairman is not ashamed or afraid
to repeat the infamous falsehood of Edward Kelly, ‘that he had sent Mr Curnow to stop
the train.’ Thus your chairman endeavours, by repeating the criminal’s falsehoods, to
arouse sympathy in the minds of the unthinking, and to still further deprave the minds of
the criminal classes amongst us. 3rd. The only apology that we have seen offered for your
chairman’s conduct is in effect that he is endeavouring to make capital out of this
agitation for his own profit, although he has no sympathy with crime. We accept this
view, and urge that conduct influenced by such motives is debasing to himself and the
community, and is bringing a deep reproach upon the colony. At the very time we have
amongst us a host of the most intelligent men from all civilised nations, the colony is
disgraced by meetings of the very scum of Melbourne, and by an agitation sustained by
your chairman, that is a blot upon our national character and an insult to the fair fame of
this colony. We, therefore, beg your honourable House to vindicate its own good name
by removing your chairman from his office.―We are,” &c. A meeting is to be held at
Ararat, with the view of condemning Mr Gaunson’s conduct in the matter referred to, and
at the same time calling upon him to resign his seat.
——————
No. 4791
Saturday, November 20, 1880.
Page 5, Column 1.
EX-CONSTABLE FITZPATRICK.―We learn that ex-Constable Fitzpatrick, who, it will be
remembered, was nearly murdered by Mrs Kelly and her son, the recently executed
bushranger, at Greta, when on a visit to their domicile, with the object of securing Kelly’s
arrest on a charge of horse-stealing, and who was subsequently dismissed from the force
for inattention to his duties and failed to secure reinstatement, is now engaged as a carter
on the Lancefield railway-works.
——————
Page 5, Column 3.
REMAND OF MRS JONES.―Mrs Ann Jones, who kept the Glenrowan hotel, where three
members of the Kelly gang met their fate, and who is being proceeded against on a
charge of having harboured Edward Kelly, the now defunct outlaw, was placed in the
dock at the City Police Court on Thursday (we learn from the “Telegraph”), for the
purpose of having her remanded to the police court nearest to where the alleged offence
was committed, to answer the charge. Mr D. Gaunson appeared on her behalf, and
questioned Sub-inspector Kennedy, who has the case in hand, as to whether the statement
that has been made, that Mrs Jones had been living apart from her husband, originated
with him. Inspector Kennedy denied that it was so. Mr Gaunson then said that Detective
Eason’s assertion that such was the case on the part of Mrs Jones was a most malicious
one, and calculated to prejudice the Bench and the public; the fact was, the woman’s
husband had worked on the Gippsland railway, and as the department was opposed to an
employé keeping an hotel, his wife managed it, and they were thus necessarily apart, but
in the sense that the assertion made meant. The Bench remanded Mrs Jones to appear at
Wangaratta on Thursday, first intimating their intention of requiring £600 bail, but after
an appeal from Mr Gaunson, concluded to take the prisoner’s own recognisance of £200,
and two sureties of £100 each. They were not forthcoming, however, and Mrs Jones was
removed to the Melbourne Gaol.
——————
Page 6, Column 1.
AUTOBIOGRAPHY OF KELLY.
It will be remembered that Edward Kelly, when at Jerilderie, delivered over to one of
the persons he stuck up a document written by himself, and purporting to give a true
narrative of the circumstances which had driven him into crime. This document was
handed over to the police, but as the time has now passed when evil results can follow
from its publication, we are enabled to give the principal points contained therein. Kelly’s
narrative is instructive in many respects, as showing the vain, boastful character of the
man, and his story, as told by himself, should go far to disillusionise those weak-minded
people who have sought to create a hero out of such pitiful materials.
The document opens with a disjointed narrative of his early life, and recites at length in
vain-glorious language a struggle he had with Constable Hall when first arrested on a
charge of horsestealing. After declaring that several persons had been convicted of
horsestealing who were innocent, he proceeds with this wild outburst:―“It will pay
Government to give those people, who are suffering in innocence, justice and liberty. If
not, I will be compelled to show a colonial stratagem which will not only open the eyes
of the Victorian Police and inhabitants, but also the whole British army, and no doubt
they will acknowledge their hounds were barking at the wrong stump. Fitzpatrick will be
the cause of greater slaughter to the Union Jack than Saint Patrick was to the snakes and
toads in Ireland.” The narrative then goes on to deal with the assault alleged to have taken
place on Fitzpatrick, and asserted that Williamson, Skillian and Mrs Kelly were convicted
on false evidence. Complaint is made of the subsequent conduct of the police to Kelly’s
sisters; and, after stating that the police, in searching the house, shoved the girls in front
of them into the rooms like dogs, so that if any one was there they would shoot the girls
first, proceeds:―“But they knew well I was not there, or I would have scattered their
blood and brains like rain. I would have manure the Eleven Mile Creek with their
carcases, and yet remember there is not one drop of murderous blood in my veins.” The
allegation is then made that in addition to the insults offered to Ned Kelly’s sisters, the
police threatened to shoot the Kelly brothers. He goes on:―“This sort of cruelty and
disgraceful cowardly conduct to my brothers and sisters certainly made my blood boil,
and I don't think there is a man born who would suffer it as long as I did, or allow his
blood to get cold while such insults were unavenged. And yet in every paper that is
printed I am called the blackest and coldest-blooded murderer ever on record. But if I
hear any more of it I will not only exactly show them what cold blooded murder is, but
wholesale and retail slaughter, something different to shooting three troopers in self
defence and robbing a bank.” He then gives the following description of the murder of
the police in the Wombat ranges:―“On the 25th of October I came on the police tracks
between Tabletop and the bogs. I crossed them, and returning in the evening, I came on a
different lot of tracks making for the shingle hut. I went to our camp and told my brother
and his two mates, and my brother went and found their camp at the shingle hut, about a
mile from my brother’s house. We saw they carried long firearms, and we knew our
doom was sealed if we could not beat those before the others would come, as I knew the
others would soon join them, and if they came on us at our camp, they would shoot us
down like dogs at our work. As we had only two guns, we thought it best to try and bail
those up, take their firearms and ammunition and horses, and we could stand a chance
with the rest. We approached the spring as close as we could get to the camp, as the
intervening space being clear ground and no battery. We saw two men at the logs. They
got up, and one took a double barrelled fowling piece, and fetched a horse down and
hobbled him at the tent. We thought there were more men in the tent asleep, those outside
being on sentry. Could have shot those two men without speaking, but not wishing to
take their lives we waited. McIntyre laid the gun against a stump, and Lonigan sat on the
log. I advanced, my brother keeping McIntyre covered, which he took to be Constable
Flood; and had he not obeyed my order, or attempted to run for the gun, or draw his
revolver, he would have been shot dead. But when I called on them to throw up their
hands McIntyre obeyed, and Lonigan ran some six or seven yards to a battery of logs,
instead of bolting behind the one he was sitting on. He had just got to the logs, and put
his hand up to take aim when I shot him that instant, or he would have shot me, as I took
him to be Strachan, the man who said he would not ask me to stand; he would shoot me
first like a dog. But it happened to be Lonigan. As soon as I shot Lonigan he jumped up
and staggered some distance from the logs with his hands raising, and then fell. He
surrendered, but too late. I asked McIntyre who was in the tent. He replied, “No one.” I
advanced and took possession of their two revolvers and fowling-piece, which I loaded
with bullets instead of shot. I asked McIntyre where his mates were. He said they had
gone down the creek, and he did not expect them that night. He asked me was I going to
shoot him and his mates. I told him “No; I would shoot no man if he gave up his arms
and promised to leave the force.” He said the police all knew Fitzpatrick had wronged us,
and he intended to leave the force, as he had bad health, and his life was insured. He told
me he intended going home, and that Kennedy and Scanlon were out looking for our
camp, and also about the other police. He told me the New South Wales police had shot a
man for shooting Sergeant Walling. I told him if they did they had shot the wrong man,
and I expect your gang came to do the same with me. He said “No; they did not come to
shoot me, they came to apprehend me.” I asked him why they carried Spencer rifles and
breech-loading fowling-pieces and so much ammunition; for as the police was only
supposed to carry one revolver and six cartridges in the revolver; but they had eighteen
rounds of revolver cartridges each, three dozen for the fowling piece and twenty one
Spencer rifle cartridges, and God knows how many they had away with the rifle. This
looked as they meant not only to shoot me, but to riddle me; but I don't know either
Kennedy, Scanlon or him, and had nothing against them. He said he would get them to
give up their arms, if I would not shoot them, as I could not blame them for doing honest
duty; but I could not suffer them blowing me to pieces in my own native land. So they
knew Fitzpatrick wronged us, and why not make it public, and convict him? But no, they
would rather riddle poor unfortunate Creoles. But they will rue the day when Fitzpatrick
got among them. Our two mates came over when they heard the shot fired, but went back
again for fear the police might come to our camp while we were all away, and manure
Bullock Flat with us. On our arrival I stopped at the logs, and Dan went back to the
spring, for fear the troopers would come in that way. But I soon heard them coming up
the creek. I told McIntyre to tell them to give up their arms. He spoke to Kennedy, who
was some distance in front of Scanlon. He reached for his revolver and jumped off on the
off side of his horse and got behind a tree, when I called on them to throw up their arms;
and Scanlon, who carried the rifle, slewed his horse around to gallop away, but the horse
would not go, and as quick as thought, fired at me with the rifle without levelling it, and
was in the act of firing again when I had to shoot him, and he fell from his horse. I could
have shot them without speaking, but their lives was no good to me. McIntyre jumped on
Kennedy's horse, and I allowed him to go, as I did not like to shoot him after he
surrendered, or I would have, as he was between me and Kennedy; therefore I could not
shoot Kennedy without shooting him first. Kennedy kept firing from behind the tree. My
brother Dan advanced and Kennedy ran. I followed him. He stopped behind another tree
and fired again. I shot him in the armpit and he dropped his revolver and ran. I fired again
with the gun, and he slewed around to surrender. I did not know he had dropped his
revolver. The bullet passed through the right side of his chest, and he could not live, or I
would have let him go. Had they been my own brothers I could not help shooting them or
else let them shoot me, which they would have done had their bullets been directed as
they intended them. But as for handcuffing to a tree, or cutting his ear off, or brutally
treating any of them, is a falsehood. If Kennedy’s was cut off, it was not done by me, and
none of my mates were near him. After he was shot I put his cloak over him and left him
as well as I could, and were they my own brothers I could not have been more sorry for
them. This cannot be called wilful murder, for I was compelled to shoot them, or lie
down and let them shoot me. It would not be wilful murder if they packed our remains,
shattered into a mass of animated gore, to Mansfield; they would have got great praise
and credit, as well as promotion. But I am reckoned a horrid brute, because I had not been
cowardly enough to lie down for them under such trying circumstances and insults to my
people; certainly their women and children are to be pitied, but they must remember
those men came into the bush with the intention of scattering pieces of me and my
brother all over the bush, and yet they know and acknowledge I have been wronged, and
my mother and four or five men lagged innocent; and is my brother and sisters and my
mother not to be pitied also, who has no alternative only to put up with the brutal and
cowardly conduct of a parcel of big, ugly, fat-necked, wombat-headed, big-bellied,
magpie-legged, narrow-hipped, splay-footed sons of Irish bailiffs?”
After an incoherent rodomontade directed against the police, he proceeds:―“Is there not
big fat-necked unicorns enough paid to torment and drive me to do things which I don't
wish to do without the public assisting them? I have never interfered with any person
unless they deserved it, and yet there are civilians who take firearms against me, for what
reason I do not know, unless they want me to turn on them and exterminate them without
medicine. I shall be compelled to make an example of some of them if they cannot find
no other employment. If I had robbed and plundered, ravished and murdered everything I
met, young and old, rich and poor, the public could not do any more than take firearms
and assist the Police as they have done; but by the light that shines, pegged on an ant-bed
with their bellies opened, their fat taken out, rendered, and poured down their throats
boiling hot will be fool to what pleasure I will give some of them; and any person aiding
or harbouring or assisting the Police in any way whatever, or employing any person
whom they know to be a detective or cad, or those who would be so depraved as to take
blood-money will be outlawed, and declared unfit to be allowed human burial, their
property either consumed or confiscated, and them, theirs and all belonging to them
exterminated off the face of the earth. The enemy I cannot catch myself I shall give a
payable reward for.” After referring to an officer of the police in anything but
complimentary terms, he goes on to say, “I do not call McIntyre a coward, for I reckon he
is as game a man as wears the Jacket, as he had the presence of mind to know his position
directly as he was spoken to, and only foolishness to disobey. It was cowardice that made
Lonigan and the others fight. It is only foolhardiness to disobey an outlaw, as any
policeman or other man who does not throw up his arms directly as I call on them knows
the consequences, which is a speedy dispatch to kingdom come.
——————
STATEMENTS IN THE GAOL.
After his conviction, and whilst lying under sentence of death in the Melbourne Gaol,
Kelly made three statements, which were taken down at his dictation. We append
abstracts:―
Under date 3rd November, he wrote to the Governor, generally traversing the offences
charged against him up to the time of his taking shelter in the Wombat Ranges. Speaking
of Sergeant Kennedy and his party, he says, “They sneaked out from Mansfield before
daylight, disguised as diggers on a prospecting tour.” He then reiterates the statement that
the police came out to shoot him and his mates, not to arrest them; and adds that
Fitzpatrick could prove it. He further states that he and his mates had a house and twentyacre paddock on Bullock Creek, where they had a still for the purpose of making whisky.
They also had digging tools and sluice. This occupation, though unlawful, went to show
they were in the bush to earn a living, and not to murder the police. Six months elapsed
from the time Mrs Kelly was arrested to the time of the murders, during which period no
robbery or murder was committed. It had been represented that they “were in search of
the police for revenge,” but the facts of the case showed that instead of their going to look
for the police the police went to where they were working, with the full intention of
shooting them. Though he had plenty of grounds for revenge, he never looked for it.
Under date 5th November, the prisoner again wrote to the Governor, saying:―“I now
take the liberty of bringing under your notice a statement of the facts of the Glenrowan
affair. The first thing I waited for was the last passenger train to pass at nine o’clock. I
then bailed up a lot of men in tents around the stationmaster’s house as I suspected there
were detectives amongst them. I then bailed up Mrs. Jones’s hotel, then Mr. Stanistreet,
the stationmaster, and asked him if he could stop a special train with police and black
trackers in. He said he could stop a passenger train, but would not guarantee to stop a
special train with police and black trackers exactly where I wanted it. So then I bailed up
the platelayers and overseer, and ordered them to pull up the line a quarter of a mile past
the station, so as the train could not go further, and my intention was to have the
stationmaster to flash the danger light on the platform, so as to stop the train, and he was
to tell the police to leave their fire-arms and horses in the train, and walk out with their
hands over their heads, and their lives would be spared; also to inform them that it was
useless in them fighting as me and my companions were in full armour, and we could
rake the train and everyone in it, and that the line was pulled up in front of them, and that
I had a ton of powder behind them, so, if they attempted to return, I would have blown
the line up, them as well. This was my first intention, so as to capture the leaders of the
police, and take them into the bush, and allow the superintendent to write to the head
department, and inform them if they sent any more police after me, or to try to rescue
him, I would shoot him, and that I intended to keep them prisoners until the release of my
mother, Skillian and Williamson; but subsequently I varied my plans. What I did do was
to bail up every person that came that way, and placed them in Jones’ hotel, and on
Sunday night I stuck up the police barracks, which was a mile further away, there being
one policeman there―Constable Bracken―who came to the door with a double-barrelled
gun in his hand, loaded and full cocked, but dropped when I told him to do so. I took him,
with all his firearms and horse, to Jones’s Hotel, with the other prisoners I had there. I left
his wife and child in bed, and told her if any police came there not to let them know.
Then I let a man go to stop the train about a mile before the railway station, and opposite
the police barracks, and to tell them that we were in the barracks. He had a doublebarrelled gun, fowling-piece and cartridges, and was to fire as a signal for me, if the
police got out and surrounder the barracks, which I expected they would do, as it was a
most likely place for me to be in, as it was a strong brick building, and they would only
send a few men on to the platform to look after the horses, as they could not take them
out without going to the station; and it was my intention then to take possession of the
train, horses and everything, and returning along the line, leaving the police surrounding
the barracks at Glenrowan, while I had the train and robbed the banks along the line, for I
had it ready beforehand that the horses I had taken to Jones’s Hotel the minute I left by
the train were to be driven into the hills so as the police would have no chance of
following me. The reason I differed from the first plan is I wanted the man that stopped
the train to have the reward, as I heard it was to be done away with in three days. So you
can see by the above it was not my intention of upsetting the train for the purpose of
killing the police. If I had wanted to have done so, I need not have went to Glenrowan at
all, but could have set the powder in between the sleepers and waited until the train was
coming full speed over it and blown the line up, and nothing could have saved it;
although by stating the true facts of the case makes me appear worse, but will show it was
not for to take life, but as the police did not do as I expected, that is to say, they did not
surround the police barracks.” The second plan was frustrated by Constable Bracken
escaping and bringing the police on to Jones’s hotel. In this document it is asserted that
the police all fired at Jones’s hotel, well knowing it was full of innocent people. “When
the train stopped at the station I was opposite to it on horseback. I jumped off in a hurry
to take possession of the train, when a bolt broke in my armour, which necessitated me to
repair it. This gave the police time to get in front of the hotel and fire into the people.
When I heard the screams of the females I thought they had one of my companions in the
gatekeeper’s house, as I took it to be Mrs Stanistreet that was screaming; so instead of
taking possession of the train as I intended, I went to their assistance, and as I got
between Jones’s hotel and the gatekeeper’s, and while speaking, I received a wound in
the foot, and immediately afterwards another one in the arm. Then I fired four shots out
of my rifle, which is a five-chamber revolving rifle, which was recovered afterwards with
only one charge in it. When I did fire it was at random, and only at the flashes made by
the police firing. I fired two shots in front and two at the left side of me. This is how I
account for Superintendent Hare being shot, but neither me nor my companions fired a
single shot until after I was wounded, which was the third volley from the police, which
can be proved by forty witnesses in the hotel. After I fired I looked back at Jones’s hotel,
and could see the people running to and fro past the lighted windows in the house. I went
back and cried out to put out the lights and lay down. I then went around the yard at the
back of the hotel, and there met Byrne, who informed me that Constable Bracken had
escaped. I then sent my brother and Hart into the house, as I did not want the people to
know I was wounded, and pulled up the counter and partitions, and barricaded the sides
of the house to save the people within, which then where lying down; the police all the
time keeping up a continuous fire on the house.” He concludes by pointing out what he
considers to be discrepancies in the statements of the police.
Under date 10th November, deceased reiterated the greater portion of his first statement.
On the third page he says:― “I was determined to capture Superintendent Hare,
O’Connor and the blacks for the purpose of exchange of prisoners, and while I had them
as hostages I would be safe, as no police would follow me.” At the end of the last
document prisoner requests that his mother be released from gaol, and his body handed
over to his friends for burial in consecrated ground.
——————
A VISITOR’S IMPRESSIONS OF BEECHWORTH.
A writer in the “Brunswick Advertiser” has the following:―The line from Wangaratta
to Beechworth, a distance of 26 miles, is one continuous, though at first gentle ascent.
The first 12 miles shows a rise of only nine feet per mile; the next four miles, however,
shows a gradient of 44 feet per mile rise; whilst the remaining 10 miles has an average
ascent of about 100 feet per mile, the town of Beechworth standing 1775 feet above the
level of the sea. This is the steepest incline on any of the Victorian railways, and would
be considered an extraordinary one in any part of the world, at least for a locomotive to
travel on. Up this tremendous incline, or rather series of inclines, at a very low rate of
speed, the engine pants and puffs like a monster in distress, landing us finally, however,
safe and sound at our destination. The view of the town from this point is very pleasing.
Like the scripture city, being set on a hill, it cannot be hid. The wide streets, together with
the shops, houses and public buildings, most of them substantially built of brick or stone,
commend commend it at once to the eye of the stranger, and although first impressions
are said to be generally deceptive, yet, at least in my case, the good opinion I was
prepared to form of Beechworth from the description of my friends was fully borne out
on a better acquaintance.
Leaving the railway-station, I crossed the Spring Creek on a causeway, the ground on
both sides being turned up to the bed rock by successive hosts of diggers, which has
given it the appearance of a Titan’s field, roughly cultivated by Cyclopean ploughs. This
is a wonderfully rich golden field in the days of yore, and although it has been dug and
paddocked and sluiced for a generation past, yet even now it continues to yield a golden
harvest. One of the most plucky undertakings in the way of mining has just been
completed and carried out entirely by local enterprise, that of washing down and sluicing
the whole of the old worked ground on the Spring Creek flat. In order to understand the
gigantic nature of the undertaking, it may be mentioned that the banks on both sides,
some fifty or sixty feet high, are washed down bodily by powerful streams of water into a
narrow channel, when the gold by its inherent weight sinks to the bottom, and the sludge
and lighter matter is carried off. In order to get rid of the enormous amount of liquid mud,
it was necessary to cut an underground channel for a great distance through the hard
granite rock. This has been successfully completed, and the whole works are now in full
operation. Once a year it is proposed to wash up or disinter the golden particles from the
bottom of the channel, and afterwards will come the pleasantest process of all, that of
declaring what I hope will be a satisfactory dividend to the enterprising shareholders.
Business people here, I found, were complaining of the hard times, just as they are in
other places. Nothing whatever doing, some of them said; all the wealth of the place is
being rapidly drained off to supply the insatiable maw of the monster, Melbourne. And
yet the people were going about, busy enough, well clothed and apparently well fed; and
still they were not satisfied. I endeavoured to show some of these good people that there
was plenty of complaint and grumbling in Melbourne, and with perhaps more reason than
they had to show for it; for in addition to the want of business, we had high rents and
other expenses to contend with, which they had not. I am well assured that if the people
of this country had only a more contented spirit, they would all be the better and the
happier for it. The town of Beechworth, with its beautiful situation, its magnificent
climate and bracing air, is a most desirable place of residence for families, and had I my
choice in the matter, I would as soon live here as in any part of Victoria. From different
parts on the hills round about there is a series of views of the most extensive description.
I was particularly delighted with the prospect from a mass of granite boulders on a range
at the end of Camp-street, looking towards the Yackandandah direction. My time being
limited, however, I was unable to visit several other places I was told of, as being worthy
of inspection. The principal public buildings are the banks, churches, court-house, Postoffice and Athenaeum, the latter standing in a small but very neatly laid out public garden
and recreation ground. Many shrubs and trees I noticed as flourishing with amazing
vigour, which in other places are only artificially kept alive in a stunted condition, more
especially the common laurel. There is a beautiful closely-clipped laurel hedge in the
Athenaeum ground I was particularly struck with, and another grand specimen in front of
the church of England, the largest and finest laurel I ever saw, being, I suppose, fully
twenty feet high, and of a compact, pyramidal habit. I was much disappointed, however,
with the collection of minerals in the museum. Knowing the great variety of gem stones
and fossils which have been discovered at various times in the neighbourhood, I fully
expected to find a complete collection of every kind, but what I saw was meagre in the
extreme. My disappointment, however, was considerably lessened on visiting Mr Dunn, a
gentleman who has made it his business, as well as pleasure for the last twenty years, in
collecting specimens of every description of curious minerals to be obtained in the
district, as well as a very large number from the African diamond fields and other parts of
the world. A complete catalogue of this gentleman’s museum would fill a good sized
volume, and I would strongly counsel the authorities of the local Athenaeum to make
arrangements, if possible, with the proprietor for the purchase of the whole. It would be a
thousand pities to have such a collection dispersed, a collection which illustrates the
entire geology of the Beechworth district. Many of Mr Dunn’s specimens were superb of
their kind, surpassing any I had ever seen before. One block of granite showed its
component parts, quartz and felspar in large sized crystals, with mica thickly scattered
throughout. There were several fine specimens of crystallised felspar, smoky quartz,
agate and other pebbles. I saw a garnet as large as a boy’s marble, lying in its granite
matrix, and specimens of every description of gem which had been discovered in the
neighbourhood, including a number of diamonds of considerable size. No place in
Victoria has contributed so large a number of precious stones as Beechworth, every
variety having been obtained here at one time or the other, excepting, I believe, opal. Mr.
Turner, watchmaker, of Camp-street, another indefatigable mineralogist, was also good
enough to show me his collection, which contains many curious specimens, amongst
others a quartz crystal nearly two feet long.
I bade adieu to Beechworth with regret. I would very willingly have stayed a week
here, as there are several places I would like to have seen before returning to town; but
the inexorable claims of business would not admit of further delay. I look forward,
however, on a future day to again having the pleasure of visiting the capital of the Ovens.
——————
Page 6, Column 7.
GATELY’S SUCCESSOR.―The appearance of the hangman Upjohn, who is serving a
sentence for stealing fowls at Ballarat in August last , is thus described by the “Herald”
reporter:―Upon the door of Kelly’s cell being opened by the sheriff, the signal was
given, and Gately’s successor emerged from the condemned cell opposite that occupied
by his first victim. He stepped across the scaffold quietly, and as he did so, quickly turned
his head and looked down upon the spectators, revealing a fearfully repulsive
countenance. Those who have seen Gately know how dreadfully forbidding were that
miscreant’s features. If it be possible, his successor is even more repulsive in appearance.
He is an old man about 70 years of age, but broad-shouldered and burly. As he was
serving a sentence when he volunteered for his present dreadful office, and as that
sentence is still unexpired, he is closely shaved and cropped, and wears the prison dress.
Were it not for the prison cropping, he would probably have a heavy crop of hair, for
thick bristles, of a pure white, stick out all over his crown, and give him a ghastly
appearance. He was heavy lips and heavy features altogether, the nose being the most
striking and ugly. It is large in proportion, and appears to have a huge carbuncle on the
end. Altogether, the man’s appearance fully sustains the accepted idea of what a hangman
should look like. As this was his first attempt at hanging, Dr Barker was present
alongside the drop to see that the knot was placed in the right position.”
——————
No. 4792
Tuesday, November 23, 1880.
Page 2, Column 5.
MR GAUNSON’S CONDUCT.―At a largely attended
——————
No. 4793
Thursday, November 25, 1880.
Page 2, Column 1.
THE KELLY SYMPATHISERS.
If it be unwise to create public alarm, it is still more foolish to shrink from boldly facing a
possible danger. It cannot be denied that a very uneasy feeling exists in what is known as
the KELLY country, which may be roughly described as extending from Mansfield to Lake
Rowan; nor can it be affirmed that such a sentiment is entirely without foundation. That
some of the relatives and friends of the late outlaws should talk openly of vengeance
might, under ordinary circumstances, be regarded as a sign that they did not intend to
proceed to any overt act; but it would really seem that their boldness of speech arises
from an absolute ignorance of their true position, and perhaps from an intention to
commit offences only which are not easily traced to the perpetrators. We do not at all
anticipate that any of them will turn out as the gang did, and boldly set themselves at
defiance with the law; but they are certainly not the less dangerous on that account. There
are men amongst them as cunning as they are cowardly, and utterly regardless of the
rights of private property as they are reckless of human life. The audacious, not to say
threatening, manner in which the petition for the reprieve of NED KELLY was hawked
about the district, is in itself a proof that the petitioners were unconscious that they were
endorsing and abetting a series of the most cruel and wanton outrages, and showed also
that they calculated rightly on the sympathy of some, and the terror of others. Several
persons avowedly signed that petition under the influence of the latter feeling; and it is
reported―although the police have as yet received no information on the subject―that
one man who refused to subscribe his name has since been savagely beaten. If such an
assault has actually taken place, and the person attacked has remained silent under the
injury, the inevitable conclusion is that the ruffians are actually prepared to go to
extremities relying for safety on the apprehensions of their victims. While such fears
exist, the police are all but powerless to aid the sufferers or bring the offenders to justice.
Mr. Nicolson, the acting-chief commissioner, having had ample opportunities of
observing the wide-spread disaffection and alarm throughout the infected district, is
evidently fully alive to the seriousness of the position, and is taking strong measures to
prevent or punish any active movement by establishing strong garrisons, and giving
instructions that the slightest sign of activity is to be sternly repressed. The danger,
however, is that the crimes likely to be committed are of that dastardly nature which
renders them difficult to guard against, and still more difficult to punish. The police,
therefore, should be backed up by all the power which Parliament can confer upon them.
An act should be immediately passed empowering the Governor-in-Council not only to
suspend the Habeas Corpus Act in a defined region, but to place it in a state of siege. No
one within the boundaries should be allowed to carry or possess fire-arms without a
certificate from a police magistrate, and power out to be given to billet police in
suspected houses. The very fact of such a statute being in existence would go a long way
to prevent the necessity of its employment. We would also suggest that compensation
should be legally provided in all cases of injury to person or property which could be
traced to those motives of vengeance which are ? expressed. An act could be passed for a
year, and renewed only if necessary. It would, of course, be kept in abeyance, and
therefore no hardship under it could arise, so long as its use was uncalled for. Even if the
threats of which we hear are empty boastings, they should be met by something more
than hollow menaces. The authorities should be in a position to act at a moment’s notice.
A disregarded threat frequently becomes an accomplished fact. Half measures in such
emergencies are mere weakness. If a handful of ruffians commence a war of incendiarism
and personal outrage, the public ought to be so armed as to make it a war of
extermination. There is one crime so dreadful to contemplate that we would not like to
attribute its possible conception to any human being with a shred of humanity remaining
to him. And yet such a crime was actually perpetrated by KELLY himself, although
without effecting its object. Need we say we refer to the attempt to wreck a railway train.
Even before NED KELLY had the rails removed at Glenrowan we suggested that this should
be made a capital offence―that the mere fact of so obstructing a line as to cause the
possibility of loss of life should be a hanging matter. The punishment of arson under
similar circumstances is death, and death itself is inadequate to such an atrocity. We have
no doubt our suggestions and arguments will receive additional force from some of the
disclosures which will be made to-day at the Wangaratta Police Court, during the
preliminary investigation in the case of Mrs JONES. It is to be hoped that Parliament will
well weigh the evidence, and what we have here urged. They cannot over-estimate the
magnitude or importance of the situation.
——————
Page 2, Column 4.
NEW SOUTH WALES
SYDNEY, Wednesday.
Kate Kelly and her brother, with Ned’s horse, &c., commenced to exhibit themselves in
an old out-house up a lane near King-street, a few doors from Pitt-street; Kate and Jim on
horseback, the former on Ned’s grey mare, and the latter on Kate’s pony; Kate is dressed
in deep black and Jim in bushranger’s attire. They conversed freely when spoken to. The
attendance during the evening was very large; the price of admission being one shilling.
The police are unable to stop the show, but have to stand at the end of the lane to keep the
footpath clear.

Page 2, Column 5.
THE KELLY SYMPATHISERS.―A good deal of interest is felt regarding
——————
Page 2, Column 6.
DEATH OF SIR REDMOND BARRY.―The whole community
——————
Page 3, Column 4.
AT THE BAR.―Miss Ettie Hart, sister of the youthful bushranger who was killed at
Glenrowan, is now a barmaid at Buckley’s Robert Burns Hotel, Lonsdale-street,
Melbourne.
THE KELLY “EXHIBITION.”―A Sydney telegram states that on Saturday Kate
Kelly, and her brother Jim, with Ned Kelly’s grey mare, arrived in Sydney, per the
Katoomba, and intend exhibiting themselves in public. They were visited by a magistrate,
a solicitor, and two detectives. The object of this visit in unknown. Jim Kelly complains
strongly of the conduct of one of the detectives to his sister.
——————
No. 4794
Saturday November 27, 1880.
Page 1, Column 1
TRIAL OF MRS ANN JONES OF GLENROWAN.
——————
No. 4839
Saturday March19, 1881.
A BLACK TRACKER IN GAOL.—One of the black trackers who took part in the Kelly
Glenrowan tragedy, is in Townsville gaol for murdering his wife.
——————
THE POLICE BOARD.—“John Peerybingle” has the following:—That Police Board that
has been appointed is a curiosity in its way. The selection is unique. The chairman, for a
start, is Francis Longmore, who declared last week that our judges and juries were unfair.
Then there is Graves, the man who lays the charge against the police. He is to be judge,
jury, witness, and prosecutor. George Collins Levy, a very estimable gentleman for
trotting ladies round the Exhibition, but I shouldn’t think he would be up to much as
judge of police duties. E. J. Dixon, a disappointed Radical, who was not selected for
Parliament last year, finds a place at the board. George Fincham, another Radical, has to
sit in judgment on the bobbies. In fact, taking the board all through, it is a regular sham,
and the public look upon the whole enquiry as a gigantic farce.
——————
March 1881
THE POLICE BOARD.―The Police Board met on Tuesday, for the first time, at the
Treasury. Mr. Longmore, the chairman, presided. Mr. Graves, prior to the
commencement of the proceedings, directed attention to the remarks made in certain
newspapers respecting his appointment as a member of the board. He had said nothing
inside or outside of the House that he should be ashamed of, or that, in his opinion,
disqualified him from assisting in the enquiry, and he could only regard the comments
made as an attempt to drive him off the commission. He had no desire to continue on the
board if his brother members thought his presence and cooperation would in any way act
injuriously to the public interest, or in the least interfere with the value of their
investigations and report. As to the question of delicacy in taking his seat on the board
after having made certain statements about the police and the Kelly gang, he contended
that he had said nothing beyond what had appeared in the morning papers, and which he
believed would be proved in the course of the enquiry. He asked permission to withdraw
while the commission considered the matter, but the chairman requested him not to do so,
as they felt that his assistance, from his long knowledge of the district, would be of the
greatest value to the members in conducting the enquiry. They had all a duty to perform,
and they should not be deterred from doing it by anything that appeared in the public
press. It was decided to take evidence on oath. Mr. Fincham gave notice that he would
move, at the next meeting, that the proceedings of the board should be open to the press.
The memorials presented to the Chief Secretary by Captain Standish (the late
commissioner), Mr. Nicolson (the acting commissioner), and Inspector O’Connor, asking
for the appointment of a board, and also the report of Superintendent Hare, were
submitted and ordered to be printed. Illustrations were given to summon these gentlemen
to attend the meeting to be held on Friday, when their evidence will be proceeded
with.―”Age.”
——————
No. 4845
Beechworth, Saturday March 26, 1881.
THE POLICE COMMISSION.
Wednesday, March 23.
Present―Messrs Longmore (chairman), Graves, Fincham, Hall, Anderson, and Gibb,
M.L.A.’s, and Mr. E. J. Dixon.
Captain Standish, late chief commissioner of police, was the first witness called. He
said he thought the better plan would be for him to write an exhaustive report on the
whole subject, and then submit himself to cross-examination upon it. The commission,
however, decided to begin taking evidence at once.
Captain Standish, being sworn, made the following verbal statement, in the course of
which he was occassionally asked elucidatory questions by members of the
commission.―I was appointed to the police force in September, 1858. With regard to the
causes which led to the outbreak of the Kelly gang of bushrangers, the North-western
district had for a number of years been the haunt of horse and cattle stealers, who gave
the police force much trouble. In those days no such outrages were perpetrated as had
occurred in the last two or three years, but there was a wholesale system of cattle-duffing.
This culminated in the disturbance at Greta, when Constable Fitzpatrick went out there to
serve a warrant on Dan Kelly for horse-stealing. When he got there and found Dan Kelly,
he foolishly allowed his prisoner to stay and have his dinner. In the meantime Dan’s
brother, Ned Kelly; Williamson, commonly called Brickey; and the Kelly’s brother-inlaw, Skillion, arrived with two or three other confederates and friends. A disturbance
immediately took place between these men and Fitzpatrick, which resulted in Ned Kelly
firing at Fitzpatrick, and shooting him through the wrist. Fitzpatrick fainted, and lay in a
semi-comatose condition for some little time, when they cut the bullet out of his wrist and
allowed him to go. He rode off, labouring under the idea that he was pursued by two of
the gang, but I have ascertained that he was not so pursued. Some months afterwards I
had a conversation with ——, a prisoner in Pentridge, and he entirely corroborated every
word of Fitzpatrick’s evidence, gave me most useful information, and volunteered to
assist me. [Captain Standish applied to the commission to request the press to suppress
the names of the persons who gave information to the police. The ground on which this
application was made was that the lives and property of the persons who gave the
information might be endangered if their names were divulged. The chairman made the
request, and we comply with it.] After that outrage steps were taken by Superintendent
Sadleir to apprehend the Kelly brothers and two others not then known by name. His
efforts having proved fruitless for many months, it was ultimately determined, with my
approval, to start two search parties, well armed, in pursuit of the Kellys. One started
from Mansfield under charge of Sergeant Kennedy, and the other from Wangaratta under
charge of Senior-constable Strachan. ——, who gave the information in Pentridge, was
serving a sentence of six years for assisting in the outrage. The Government offered a
reward of £100 for the apprehension of the Kellys. Late on the night of Sunday, October
27, 1878, I received a telegram from Mansfield announcing that Constables Scanlan and
Lonigan had been shot dead near Mansfield by the bushrangers. I communicated with the
Chief Secretary early next morning, and took immediate steps to send up reinforcements
and serviceable arms. We had a few Spencer repeating rifles in store, and Mr. Berry
urged me to spare no expense in arming the police force properly. For years the
recognised weapon of the mounted police was only the revolver. I saw a considerable
number of men off by the half-past 4 p.m. train on the following day, and sent Mr.
Nicolson to the North-Eastern district to take charge of the operations. He was inspecting
superintendent of the country districts. Gave him authority to take any steps he thought
necessary and incur any expenditure he thought necessary. This was immediately after I
received the news. Also obtained authority from the Chief Secretary to purchase a
number of breech-loading double-barrelled guns, to be sent up to the district as soon as
possible. The original cause of this difficulty was the lawlessness of the district, in which
the Kellys had been concerned for a number of years. Very great difficulties of various
kinds beset the police. The Kellys had an enormous number of sympathisers in the
district, and a great many respectable people there were in dread of their lives, and were
afraid to give any information to the police. Not only their own lives, but their families,
were endangered, and their stock and property were liable to be stolen or destroyed. In
addition, there is not the slightest doubt that a number of tradesmen in the district were so
benefited by the increase of the police force there, with the consequent expenditure, they
were only too glad that the unpleasant business lasted so many months. A great many
local papers, too, never lost an opportunity of attacking the police in a most unjustifiable
manner, and on every possible occasion. Such attacks were calculated to do the police a
great deal of harm, and prevent them receiving any material assistance from anybody. On
6th November, 1878, I proceeded to Benalla to confer with Mr Nicolson, arriving there
about 8 p.m. While we were talking we received an urgent despatch from Mr Sadleir,
then at Beechworth, that the Kellys had been at Sebastopol, and that he believed that they
were there then. I immediately ordered a special train, and proceeded with Mr Nicolson,
nine mounted constables, and one black tracker, to Beechworth, arriving there soon after
3 o’clock a.m. At 4 a.m. we started from Beechworth, and made at once to the house of
the Sherritt family, where, it was said, the outlaws had been. Arrived there very early in
the morning, scattered our men around in the bush, and sent a party of seven or eight
men, under Mr Nicolson, to search the house. Soon after he had reached the house we
heard a shot fired, which was subsequently ascertained to have been accidental. However,
we all rushed to the place, and found no traces of the outlaws. Then rode on to the house
of Mrs Byrne, mother of Joe Byrne, one of the outlaws, at Sebastopol, and Mr Nicolson
and I interviewed her; but we were a day or two too late. After conferring with Messrs
Sadleir and Nicolson, we decided it was no use to stay there, and returned to Beechworth.
The Chairman: Had you perfect confidence in Messrs Nicolson and Sadleir?
Witness: At that time I had perfect confidence in Mr Nicolson, although I have not
now. I found very good cause to doubt him before I left the force. Had ample proof of his
procrastination and inefficiency. About a fortnight before the Euroa bank was robbed I
received information from Mr Nicolson that a bank would probably be struck up in the
North-Eastern district. At once issued instructions to Superintendent Hare, who had
charge of the adjoining district, in which there were several stations on the railway, to
protect the banks in this district. Inspector Green received information of a similar nature
from a prisoner at Pentridge. No provision whatever was made to protect the banks at
Euroa and Violet Town in Mr Nicolson’s district. As both these townships were close to
the Strathbogie Ranges, it was almost a certainty that a bank would be stuck up there. On
December 10, at 11 o’clock, I received information in Melbourne that the Euroa bank had
been stuck up. Rushed to the telegraph office, and was there most of the night
telegraphing. Had to telegraph round by Deniliquin and Albury, as the line was
interrupted with Benalla. Having heard Mr Nicolson had gone to Albury, sent a telegram
to him, which, I believe, was the first intimation he had of the affair. On the ensuing day I
had to remain in town to see the manager of the National Bank, and arrange other matters
in connection with the pursuit of the Kellys. On the 12th I left by the 6.10 a.m. train, and
arrived at Euroa about 10 o’clock. There saw Mr Nicolson, whom I found very much
knocked up, and with his eyes bad. Instructed him to return to Melbourne to take
temporary charge of my office during my absence, and informed him I should remain at
Benalla for some time. Mr Hare came up on the 12th by the evening train by my
instructions. Proceeded to Benalla by the evening train, and on the next day had a long
conference with Mr Wyatt, police magistrate. He informed me that on the night the bank
was stuck up he was travelling on the line, and that as the train approached Faithful’s
Creek, where the outlaws had stuck up the station, the train pulled up, and they saw that
the telegraph lines on both sides of the railway had been smashed up for a couple of
hundred yards. On arriving at the Benalla railway station Mr Wyatt met Messrs Nicolson
and Sadleir. That was on the evening of the 10th. They were then starting for the Murray,
on the strength of some strange intelligence they had received from friends of the
outlaws, that the outlaws were going to cross the river. Mr Wyatt at once informed Mr
Nicolson of what he had seen, and told him there was no doubt the outlaws had been at
Faithful’s Creek or Euroa. Mr Nicolson pooh-poohed that information, and not only
started himself for Albury, but took Mr Sadleir with him. On their arrival at Albury, Mr
Nicolson received information―by telegram I believe―that the Euroa bank had been
robbed. I sent that telegram on the night of the 10th or morning of the 11th. Information
was also sent by me to Benalla, when a party of men immediately started for Euroa,
under, I believed, Senior-constable Johnson. That party arrived at Euroa during the night,
and the leader received a telegram from Mr Nicilson telling him not to leave Euroa until
he got there. Mr Nicolson reached Euroa on the morning of the 11th, and, after some
hours’ delay, started off with a body of police, returning next day without any result. I am
given to understand that, although Mr Nicolson was aware it was intended to stick up a
bank, he never gave information to the local bank managers that such a thing was
contemplated. It would have been wise for him to instruct the telegraph masters in the
district to give notice to the police when telegraph lines were interrupted. Consequent on
his not doing so a splendid chance of capturing the outlaws was lost. I arrived at Benalla
on the 12th December, 1878, and remained in charge of the operations there for six
months. The Government decided to send parties of the paid artillery force to the various
townships of any importance in the North-Eastern district where there was any
apprehension that banks would be stuck up. That was against my recommendation. After
I had taken charge of affairs in the North-Eastern district, I at once sent search parties in
various directions where there were grounds for believing the outlaws might be lying.
Never heard any rumour of the outlaws being likely to be anywhere, without at once
sending out police either to find them or ascertain the truth of the reports. Was ably
seconded by Mr Hare, who never spared himself, and was most indefatigable in pursuit of
the outlaws. Besides being most active and energetic, he was so popular with the men
under him that they would have done anything for him. In fact, he treated the men under
him like friends, not like dogs. Mr Sadleir was of the same rank as Mr Hare, and I made
no reflection on him. He was in charge of the district, but not of the operations. In
addition to these search parties, who were not sent out on bootless errands, Mr Hare had a
body of very efficient men, who formed a camp in the ranges near Sebastopol, not very
far from Mrs Byrne’s house, and where they remained hidden without the slightest
information being furnished to the outlaws or their friends. At nights they came down and
camped in a sequestered place close to Mrs Byrne’s house and to the route the outlaws
would have taken had they visited the house. One very great disadvantage under which
we laboured was that our movements were watched by numerous friends of the outlaws.
While I was there the officers and men were most zealous and active, and endured any
amount of hardship without complaint. Some day before 10th February, 1879, received
information that it was likely the outlaws would stick up a bank in New South Wales.
Communicated with the New South Wales police, and took steps to assist them. About
this time the advisability of getting black trackers was mooted. I was opposed to the idea,
being convinced that however useful these trackers might be in a sparcely peopled
country, they would be of very little use in a district where there was much traffic.
Moreover, the movements of the outlaws were wonderfully rapid, and they had numerous
sympathisers to obliterate their tracks. Those reasons led me to think the black trackers
would be of little or no use, which was certainly true. However, I had to communicate
with the Queensland police, and the result was that Sub-Inspector O’Connor, with six
black trackers and a senior-constable, came down via Albury, where I met them on the 6th
March. On Tuesday, March 11, a party under Mr O’Connor, with several mounted
constables under Mr Sadleir, started to the ranges. Mr O’Connor was anxious that only a
couple of men should go with him; but as he had no knowledge of the black trackers’
skill, and doubted whether they would be of much use under the circumstances, I would
not consent to Mr O’Connor’s going alone, and sent Mr Sadleir with him. Mr O’Connor’s
letter, dated September 7, 1880, which is included in the papers submitted to the
commission, is full of misrepresentations. He states that during the 16 months he was
here I treated him with the greatest discourtesy. To that I give the lie direct. For several
months after he first came here we lived together, and always on the best of terms; but
when I found out about him things I do not wish to here state, I ceased my intimacy with
him. I could state things which would prove what an utterly unreliable man he is. About
the end of June, 1879, after I had been upwards of six months in Benalla, and had found
that the business of my office was being frightfully muddled, I returned to Melbourne.
Had to send up Mr Nicolson in my place, he being next in seniority; but I had little faith
in his energy. Instructed Mr Hare to resume charge of his own district. Shortly after my
return to Melbourne had several interviews with the Chief Secretary, who was evidently
dissatisfied with the continuous heavy expenditure of the police in pursuit of the Kellys.
Conferred with Mr Nicolson, and made reductions wherever possible. From time to time
visited Mr Nicolson at Benalla, and wrote to him. He was always most absurdly reticent.
During the 11 months he was there he hardly ever sent a search party, except just before
he was recalled. Left the direction of affairs in his hands. He employed a great many
agents, some of whom were in the habit of communicating with the outlaws. He
frequently received reliable information as to the whereabouts of the outlaws, but took no
steps whatever thereon. Had he done so, they would have led to the capture of the
outlaws. Mr Nicolson frequently used to say, “I have the gang surrounded by my spies;”
“I have my hand upon them;” and “It is not a case of months or weeks, but days and
hours.” There is no doubt whatever that nearly the whole time he was in charge the gang
were hanging about Greta and Glenrowan, 11 or 12 miles from Benalla. While Mr
Nicolson was at Benalla, ――, a connection of the Kellys, while riding in the bush, saw
the four outlaws with Tom Lloyd, a cousin of the Kellys. Next day ―― saw Mr Sadleir,
and told him what he had seen. Mr Sadleir communicated with Mr Nicolson and went to
Benalla. It was arranged that a party, including black trackers, should start from Benalla
at 1 o’clock next morning. At the appointed time the men were all ready, but Mr Nicolson
turned up, and told them to unsaddle their horses and return to their quarters. Mr Sadleir
asked Mr Nicolson if any further news had been obtained to cause the change of plan,
and Mr Nicolson replied, “No; but I have been thinking about the matter all night, and
have decided not to disturb the outlaws just now.” I cannot give the date of this, but it
was in the early part of 1880. Have ample proof of still further acts of gross neglect on
Mr Nicolson’s part. About the 25th of May last, —— was at Mrs Byrne’s house, and saw
the four outlaws there. —— informed ——, who went to Beechworth next morning and
told Detective Ward. No notice was taken of it. About a week before Mr Nicolson was
removed to Benalla, ——, while looking for some cows, saw Joe Byrne. She asked him
what he was doing, and he replied, “Looking after Aaron Sherritt, to shoot him.” She
went to Beechworth and told Detective Ward, who telegraphed to Mr Nicolson. On the
same night Messrs Nicoldon, Sadleir, and O’Connor went to Beechworth with the
trackers, and saw ——, who repeated her story. They decided it was no use to go after
Joe Byrne, and returned to Benalla next day. Towards the end of April, 1880, I had some
conversation with My Ramsay, then Chief Secretary. Told him nothing was being done,
and that beyond employing unreliable spies, I could not see what good Mr Nicolson
would effect. The Chief Secretary consulted with his colleagues, and a few days
afterwards told me the Cabinet had unanimously decided that Mr Nicolson should be
removed from his position in charge of the Kelly operations, and that Mr Hare should at
once take his place, as they were of opinion that Mr Hare was the most able and efficient
man for the position. Mr Nicolson at the time was inspecting superintendent of police,
with the honorary title of assistant-commissioner. That latter title was conferred on him at
the request of Mr J. T. Smith, without anyone being consulted. At once communicated
the resolve of the Cabinet to Mr Nicolson, and, with him, I had an interview with Mr
Ramsay. Mr Nicolson spoke for three-quarters of an hour―the most incoherent nonsense
I ever heard in my life. Mr Ramsay, at his request, and with my concurrence, allowed him
to remain at Benalla another month. Mr Nicolson told me he was going back that
afternoon. He did not do so, but saw Sir James McCulloch, and asked him to intercede
with Mr Ramsay. Sir James saw Mr Ramsay, but after a few minutes’ conversation
withdrew his request. Shortly afterwards Mr Nicolson forced his way into Mr Ramsay’s
private office and abused me, whereupon Mr Ramsay rebuked him. Saw Mr Nicolson at
the railway station when he was returning, and told him a bit of my mind. On that
occasion, and subsequently when he was relieved, he behaved to me in the most
discourteous, insolent, and ungentlemanly manner. If I had a bad temper, I should have
suspended him. But although I have a great contempt for him, I have no ill-feeling
against him. On Sunday, 27th June, 1880, a telegram came announcing Aaron Sherritt’s
murder. Got it about 4 p.m. At Mr Hare’s request, I communicated with Mr O’Connor
and asked him to return to Beechworth. Mr O’Connor, who was about to return to
Queensland with his trackers, rather reluctantly consented to go. A special train left about
9 or 10 o’clock p.m. [The witness here related circumstances in connection with the
capture of Ned Kelly and the death of the other outlaws at Glenrowan.] When I got to
Glenrowan the whole thing was over. Instructed Mr Sadleir, whom I found in charge, not
to hand over the charred remains of Dan Kelly and Steve Hart to their friends. It is
possible he might have misunderstood me, as he allowed the friends to take away the
remains. Mr Curnow undoubtedly saved the lives of the police, and put us on the track of
the Kellys. This concludes my statement, but I will answer any questions.
To the Commission: I lost confidence in Mr Nicolson in the early part of last year. His
neglect to warn the banks in his district helped to shake my faith in him. I wrote the letter
of the 5th July, 1880, asking for an inquiry, after Mr Service in a speech at Maldon had
unjustifiably reflected on me. Mr Hare did not show a want of generalship, but Mr
Nicolson did. Mr Sadleir was never at the head of affairs. Mr Nicolson’s duty, as
inspecting superintendent, was to visit country police stations and report on them. The
officers next in rank to Mr Nicolson were Superintendent Winch and Mr Chomley. There
are others, but I can’t recollect them all. Mr Hare’s district is the Bourke district,
adjoining the North-Eastern. Mr Sadleir is in charge of the latter, and has Sub-inspectors
Baber and Pewtress under him. While I was at Benalla, the force always showed a
laudable anxiety to capture the Kellys and risk their lives. With regard to the police who
were bailed up in Sherritt’s house, they would have been shot had they come out. Had I
been in charge at the Glenrowan affair, I should not have burnt Mrs Jones’s house. The
police had instructions, if they heard anything about the outlaws, to communicate with
their superior officers, and in cases of urgency to take immediate action. Of course, one
man ought not to have gone after them; but if there was a sufficient force, they should
have tried to catch the outlaws if a chance offered. Four men would have been sufficient
force. The search parties were at liberty to try to capture the Kellys without first
communicating with me.
Mr Nicolson was told he might examine the witness.
Witness (to Mr Nicolson): I have related several patters which are not within my
personal knowledge, but they are quite true. The outrage would never have happened if it
had not been for the shooting of Fitzpatrick, and the severe sentences passed on Mrs
Kelly and some associates for that. I do not think the North-Eastern district laboured
under the disadvantage of having the police officers changed with unusual frequency.
You inspected the Beechworth district in 1878, but all your reports were mere twaddle. I
don’t recollect your protesting against the closing of the Glenmore police station, or your
recommending a regular system of communication between the forces of New South
Wales and Victoria with a view to suppress cattle-stealing. Decline to state who gave
information to the police in reference to the Baumgarten horsestealing case. Am not
aware that Mr Sadleir was ever so ill with rheumatic fever that he could not camp out. He
was right when I went up and took charge. Immediately after the first outrage, we sent up
to the district a lot of good men. Never complained to you that while you were in charge
of my office the things had got into a muddle. Things had been allowed to stand over.
You procrastinated fearfully. Some of the men you employed as spies on the Kellys when
you were in the North-Eastern district used to laugh at you behind your back. With regard
to you stopping a party about to search for the Kellys, on information given by ――, you
might have sent in a report on the subject. I don’t recollect its purport.
The remainder of Mr Nicolson’s examination was deferred.
Witness (to Mr O’Connor): Remember communicating some information about the
outlaws having been sent to Mr Hare, but not to you. Did not inform you, because with
your numerous baggage waggons we should have been too much delayed.
Mr O’Connor: From the outset you were jealous of my trackers finding the outlaws.
Witness: That is absolutely untrue. Never said I would try to capture the Kellys without
your valuable assistance.
The chairman: It is getting late, and we thought that, as the witness had cast reflections
on Mr O’Connor, the latter might like to question him about them at the same sitting.
Mr O’Connor: I do not care a rap about what a man of his character has said. But I
should like him to state what he alluded to.
Witness (to Mr O’Connor): I said that things had come to my knowledge that shook my
faith in you. You told several people you were engaged to a certain lady, and you told me
you were to be married at a certain time, and you were married all the time.
Mr O’Connor: I give that the lie direct. Once when I was dining with Captain Standish
he said I was making love to a young lady, and I said, “That is nonsense; it’s only fun.”
Then I got a letter congratulating me on my engagement. I immediately wrote back, and
said there was not a word of truth in it. This accusation, too, from a man of his (Captain
Standish’s) class.
Captain Standish requested leave to withdraw his statements reflecting on Mr
O’Connor.
The Chairman observed that, as the statements had already been printed in the
“Herald,” he did not see how the latter remarks could be withdrawn.
The commission adjourned until next day.
——————
Thursday, March 24.
Present―Messrs Longmore (chairman), Fincham, Hall, Gibb, Graves, and Anderson,
M.L.A.’s, and Mr Dixon.
The commissioners intimated they would examine Captain Standish on his evidence
when it was printed.
Captain Standish withdrew.
C. H. Nicolson, acting chief-commissioner of police, was the next witness. He spoke in
such low tones that it was frequently impossible for the reporters to hear him. He stated: I
was appointed to my present office in July, 1880. Prior to that I was assistantcommissioner of police and inspecting superintendent. On the 28th October, 1878, on
receipt of the news of the murder of the police near Mansfield, I received instructions
from Captain Standish to at once proceed to Benalla. Did so, and went to Mansfield next
day. In the whole district there were then 50 or 60 police. (Witness then detailed how he
had sent out search parties for Sergeant Kennedy and the Kelly gang.) On November 1
we heard a man had been stuck up on the murray flats, near the Baumgartens’. I had had
much experience, having been in charge of the detective force for 14 years, and thought
the rumor correct. Despatched a party the same night to Wodonga to enquire into it, Subinspector being in charge. Receiving no report when I expected one, I went to Wodonga.
Was informed Kennedy’s party had found the man alleged to have been stuck up, and
that they doubted his statements. Was not satisfied, and saw the man myself. Believed
from what he told me he had encountered the outlaws. Went to the Baumgartens’ and
found the Kellys had camped there, and disappeared at sunset. Found their camp. This
was on November 2. Had with me a black tracker, and followed the gang’s tracks to
within a quarter of a mile of Barnawartha. By that time it was dark, and the tracker could
proceed no further. The tracks then led away towards Indigo Creek. Found the gang had
passed near Wangaratta on November 3. It was undoubtedly the Kelly gang. In the
meantime, before I heard of their passing near Wangaratta, I had spent some time in
fruitlessly searching the country near the Baumgartens’ place. Concluded the gang had
intended to cross the Murray, but been prevented by a rise in the river. Then they had
ridden straight back. Had the whole district thoroughly searched. On the night of the 3rd
they passed by Everton. Very soon afterwards got another trace of them. We could,
however, get little or no information from the inhabitants, who were terrorised, and had
more fear of the Kellys than confidence in the police. About November 7 we again heard
of the Kellys. Captain Standish happened then to be at Benalla. The intelligence came
from Superintendent Sadleir, then at Beechworth. As related by Captain Standish, we
immediately went to Beechworth, arriving there at dark. When day broke, I saw there a
body of about 50 police. Such a large body was calculated to defeat the object in view.
Cannot say who was responsible for such a large force collecting there. The party started
for Sebastopol. The noise we made in crossing the ranges was like thunder. Do not know
who gave the orders for so many men. Captain Standish, being chief commissioner, was
in command; I was next, and Mr Sadleir next. Don’t think the men were collected by
Captain Standish’s order. We got to the Sherritts’ hut at Sebastopol. It was about three
miles from Beechworth that the force numbered 50 men. If any officer had anything to do
with the congregation of so many men it was Mr Sadleir. I was in charge of the district.
Captain Standish never took the command of the party.
Mr Graves: Under whose direction did the 50 men come there.
Witness: It was only at daybreak that I discovered there were so many men there.
Mr Graves: Have you any subsequent information as to who gave the directions for the
congregation of the men?
Witness: Mr Sadleir had given orders for some, but not for all. Daresay some men came
voluntarily. They came trooping in from various directions, under various sub-officers.
Did not remonstrate with Captain Standish on the subject. Mr Sadleir and Captain
Standish rode together. Could not hear what they were talking about. I have been attacked
about this affair. We visited the Sherritts’ hut, and, as Captain Standish said, did not find
the outlaws there. It has been insinuated that I avoided meeting the Kellys, and I wish to
explain this matter. At the back of the hut there was a large paddock. When we got near it
I asked two or three men near me to come with me up to it, and I galloped at full speed to
the hut. Previously asked Mr Sadleir, who had come to tell me the Kellys were in the hut,
to see they did not get away at the back of the hut. Knew nothing about the object of the
journey until we came near the hut, when I was told by Mr Sadleir it was the Sherritts’
hut. Received no instructions from Captain Standish. He did not send me with seven or
eight men to search the hut. His statement to that effect is incorrect. Did not interfere with
Mr Sadleir until we got to the hut, as it was he who had received the information on
which the journey was undertaken. He did not instruct me to do anything, as he was
subordinate to me. Did not think about etiquette under the circumstances. Gave him
instructions to watch the back of the hut. There was no dissension amongst the officers.
Mr Gibb: Supposing the Kellys had been in the hut, how far off could they have heard
the party?
Witness: Was told afterwards by a man that he heard us a mile off. After we found the
Sherritts’ hut empty, we proceeded to Mrs Byrne’s hut, and found that empty also. There
I saw Captain Standish in conversation with a young lad of the Kelly type. Captain
Standish was making proposals to the lad to betray the Kellys, in the presence and
hearing of a lot of constables. Remonstrated with Captain Standish for making such
proposals in the hearing of others. Detective Ward was one who was standing by. No
person with any experience of police duty would have done such a thing as Captain
Standish did. From what I subsequently heard, I believe the Kellys had been at
Sebastopol. The information was given by a barkstripper who had been at work in the
ranges near Mrs Byrne’s. Did not protest before searching the Sherritt’s hut against the
assemblage of so many men. On the journey everything was done without my
knowledge. About November 12 I was at Wangaratta, when a messenger came to tell me
that a party of police, under Sub-inspector Brooke Smith, had traced the Kellys from
Lake Rowan along the Warby Ranges, and had recovered a police horse, taken from the
murdered police by the outlaws. Sent word back to them to remain where they were, and
by all means to keep the finding of the horse secret. An hour or two afterwards I saw the
party riding into Wangaratta with the horse. Remonstrated with Mr Brooke Smith, who
said the horse was found five or six miles from Wangaratta, that the men were fatigued
and hungry, and that he had considered it as well to come in and sleep at Wangaratta as to
remain out there, and that he would be off again by daybreak. The party had two black
trackers with them. Next morning found Mr Smith had not started. Roused him up and
sent him after his men. Examined the horse, and came to the conclusion it had been
dropped about a week, and ridden previously. Mr Smith subsequently returned with his
men, and his report was not satisfactory. Mr Sadleir and I went out with the party back to
the Warby Ranges. We took one side of the country, and I sent Sergeant Steele, of whom
I had a high opinion, to take the other. We came back without any result. Sent Subinspector Brooke Smith back to Beechworth, with instructions not to interfere with the
Kelly business any more. Did not feel confidence in him. That was the only occasion on
which I noticed any of the men showing dissatisfaction with an officer. The men were
dissatisfied with Mr Smith. He had Senior-constable Johnson under him. That is the man
who set fire to Mrs Jones’s hut at Glenrowan. The men were dissatisfied because they
had not stayed in the ranges all night, and followed up the Kelly’s tracks early in the
morning. They had also found a bush-made ramrod, and they had felt sanguine about
capturing the outlaws. I considered Mr Smith showed a want of judgement and a general
unsuitability for this sort of work. He made a mistake in coming back that night to
Wangaratta. His convictions were not firm; he had not sufficient decision of character.
He had received my instructions not to come back before he returned, and was guilty of
disobedience. I have very much reason to doubt whether the Kellys were at the time near
where the horse was found. Believe the horse had been left there a week before. The
strength of the force in the North-Eastern district in September, 1878, or one month
before the police murders, was as follows: ―Mounted―3 officers, 9 sub-officers, and 43
constables; on foot―9 sub-officers (first and second class sergeants and senior
constables), and 15 constables. Divided the country into districts, and formed search
parties. Commenced forming those parties on 20th November. Mr Sadler had just
recovered from scarlet fever, and was convalescent at the time. He was therefore only
able to perform ordinary duties. Was out with several parties, and when not with them
was continually travelling. At that time could get no guides, with the exception of
Mounted-constable Dixon, of Kilmore. Another man, named Nicholson, was picked up at
Mansfield. After travelling through the country we camped at night for supper, posted
sentries, and moved on further before settling down for sleep. Several times I went on
foot with small parties to suspected huts, and would not get back to the camp the same
day. Had to lie down to rest in the bush until daybreak. This had a very severe effect on
us. It reduced our strength, and we returned much fatigued and our horses exhausted. It is
the hardest duty a man can do. At first the search parties did not remain out very long, but
when Senior-constable James, Sergeant Steele, or myself, went out with them we were
out for a fortnight at a time. Mr Sadleir and myself, with the assistance of Sergeant
Whelan, of Benalla, and Sergeant Steele, of Wangaratta, mapped out the country into
districts, and a party was appointed to each district. When parties returned they gave in
reports of their proceedings. Those reports should still be in existence. Did not give each
party a sectional plan of the country, but furnished them with instructions. They all knew
the country more or less. The officers in charge of the districts were never instructed to
report everything to head-quarters before acting, but to act on their own discretion. The
statements that they were cramped in their action is not true. On Monday, 9th December, I
arrived in Benalla with a search party. From the statements and reports of the other
parties, I was satisfied that the gang were not in the Kelly country. The country has been
thoroughly searched. The camp occupied by the gang before the murders was found, but
no trace of their movements after the murders. I call the Kelly country that district east of
the Benalla and Mansfield road, including the Mansfield and Beechworth district. This
definition excludes the Strathbogie Ranges. A search party was stationed at Broken
River, on the Benalla and Mansfield road, for the express purpose of searching that
district. On Monday, 2nd December, a man named Quinn came into the barrack-yard in
the afternoon, and asked me to go with him to the head of the King River, 70 miles from
Benalla, and said he would take us to the Kellys. He was Ned Kelly’s uncle, and I knew
he was not a reliable informant. He saw the fatigued state our horses and men were in,
and I asked him, “How could we now start in pursuit of these men?” and declined to go. I
also spoke to Mr Sadleir about the matter. Quinn said the gang were at the head of the
King River, and, as was afterwards proved, they were at that very time at Euroa. He
wanted, evidently, to lead the police off the track. Previously, he had promised to assist
us, but I always distrusted him. Wild Wright was never engaged by the police, to my
knowledge. A considerable time previously, a letter was received from Senior-constable
Kelly from Hedi. It had fallen, somehow, into his hands, and revealed that persons on the
New South Wales side were arranging to assist the outlaws to escape. The Kellys had
been prevented in an attempt to cross the Murray before. Sadleir and I concluded to run
up to Albury to warn the border police. We arranged to go up with the last train that
night, and were to return by the first train in the morning. We reached the railway station,
and were just getting into the carriage when we saw Mr Wyatt in the crowd. Mr Sadleir
remarked that Mr Wyatt was carrying something like a bouquet of flowers in his hand,
and went up and spoke to him. Mr Wyatt and Mr Sadleir then joined me two or three
minutes before the train left. Mr Wyatt told us that opposite Faithfull’s Creek station the
telegraph wire had been broken down. This, he said, had been observed from the train.
He carried in his hand the insulators from a broken post. Sent Mr Sadleir to question the
guard and engine-driver of the train, and they said they had noticed nothing peculiar at
Euroa. Mr Wyatt merely said he was of opinion that there was something wrong at
Euroa―something in connection with the outlaws. I never received any information that
a bank was going to be stuck up in the North-Eastern district, and do not know the ground
on which Captain Standish made that statement. Remember saying to Mr Wyatt that even
supposing they had pulled down the wires, it is most likely they had only done so to
facilitate their escape. Believed all the time they were making for the Murray, and Mr
Wyatt’s information did not therefore affect my plans. Considered the information
received from Hedi more important than that of Mr Wyatt. The breaking down of the
telegraph wire was no unusual circumstance. Moreover, Mr Wyatt’s information was
given in the dark, when no immediate action could be taken, and the conclusion I came to
was that the gang would ride on through the Murray, and therefore deemed it best to
intercept them there. It was not absolutely necessary for both Sadleir and I to go to
Albury. It might have been wiser had I remained at Benalla. Took no steps to ascertain
whether Mr Wyatt’s impression was correct or not. Arrived at Albury, warned the police,
and there received Captain Standish’s telegram. Returned by train next morning to
Benalla, but left Mr Sadleir with a body of police at Wangaratta. Found that a
blacktracker in the Wangaratta Hospital was too sick for duty. Therefore, on arriving at
Benalla I telegraphed to the Mansfield police that I was going on to Euroa, and wished
them to send me two blacktrackers. Also indicated to the police there which way I
thought they should move. It has been said that I telegraphed to the Mansfield police,
“You have got your orders―go on.” I did no such thing. As far as I remember, I
requested them to go down the back road. It has been said I sent orders to the Euroa
police to wait until I arrived. This is also untrue. There were six or seven men there,
including Senior-constable Johnson and Detective Ward. When going down in the train I
said to Mr Wyatt, “I am afraid I will be too late―the police will be gone before I arrive.”
Mr Wyatt replied that he did not think so, and that the men desired to wait for me. I got
out of the train at Faithfull’s Creek, joined the police party there, and started in pursuit of
the gang as early as I possibly could. It must have been about half-past 8 when I arrived
at Faithfull’s Creek station. There was a little time wasted at the station, owing to a
person who was not connected with the police. Selected a groom named Stevens as a
guide, and followed the tracks of the gang. They went for some distance in the direction
of Violet Town, then turned back towards Euroa and were lost in the centre of a paddock.
Were then in sight of Euroa, and went to that place. The men were so exhausted by the
heat of the weather and their own exertions that they fell asleep at the dinner-tables, and
they had not touched a drop of drink. Had therefore to give the men a rest. Started again
at 6 o’clock down the Murchison-road to search suspected places, but there was no result.
I absolutely deny that there was any procrastination. Captain Standish arrived next day,
and another party was organised. I was exhausted, and suffering pain from my eyes. Mr
Hare therefore relieved me. Had no faith in anything done by the police unless it was
done in the most secret way possible. In a private letter I wrote about that time I said,
“The gallopping about the country is useless.” The spies of the gang carried them
information as to the movements of the police. To have continued the operations to secret
movements would at that time, however, have roused public indignation. I was
responsible for all the police movements until Captain Standish arrived. Arrived at the
conclusion that the gallopping about system was useless about the time of the Euroa
outrage. That feeling was gradually growing on me. Had then been in the Benalla district
about six weeks. Did not express an opinion to Captain Standish that the mode of
operation should be altered. I was at this time quite prostrate, and received no
encouragement from Captain Standish to give him any advice. After I returned to
Melbourne, Captain Standish came down several times, but never spoke to me about
Kelly matters. Was then in charge of his office in Melbourne. He called there, but was
remarkably reticent on the Kelly subject. Asked him repeatedly if he wished me to return
to the North-Eastern district, and he simply shook his head. I knew nothing that was
going on in that country until I returned. When I did return, I initiated a new system of
operations. The relations between myself and Captain Standish were strained, and any
expression of opinion from me was treated by him with something like contempt. This
feeling has existed between us for years. Have been nearly 30 years in the service. Mr
Hare is a junior superintendent. There are Superintendents Winch, Chomley and
Chambers, and then Mr Hare. Mr Hare and I have been friendly as acquaintances. When
in charge in Melbourne was continually sending Captain Standish information about the
Kellys which had been received there. Some of this information was returned in a
contemptuous manner. Did not communicate with the Government as to what I
sonsidered the best method of capturing the outlaws. At the time I was first relieved I was
too prostrate to do so, and Captain Standish’s manner towards me drove anything of the
kind out of my head. Felt that if I did so I would simply be subjecting myself to insults. I
am on friendly terms with all the officers in the force with one exception. Believe the
feeling between the officers generally is extremely good, but officers come very little in
contact with each other now.
The Chairman: How did this feeling between you and Captain Standish arise?
Witness: It is very mysterious to me. I was promoted from the mounted police to be
officer in charge of the detective department when it was organised. My health breaking
down through over-work, I left the detective office for duty at Kyneton. Captain Standish
was not pleased with me for doing so. Was 14 years in charge of the detective force, and
received less pay than any superintendent, and was subjected to a great deal of
unpleasantness. Captain Standish did not support me as he should have done. My
promotions were all made on the ground of seniority. Never made use of political
influence until my position became almost unbearable. Then it was that I was appointed
assistant commissioner of police. I desired the position so that I might be able to protect
myself.
The Chairman: Have you had any personal quarrel with Captain Standish?
Witness: Never, until I was superseded by Mr Hare, just before the outlaws were
destroyed. Then, however, my indignation broke out. Captain Standish said the change
was made by direction of the Government. I replied that I did not believe it had
originated with the Government at all, but with himself.
The bench adjourned until next day.―”Argus.”
————————
THE POLICE ENQUIRY.
As journalists, we are bound to demand, on behalf of the public, that all enquiries
regarding public matters should be open to the press. And yet, on reading the evidence
taken so far before the Board appointed to enquire into the management and conduct of
the police during the KELLY episode, we doubt very much whether the publication of that
extraordinary testimony will effect any good purpose. There is not the slightest reason
why we should not comment upon the allegations of the witnesses at any stage of the
enquiry, as it is not so much individuals as the whole system which is now on its trial; but
it is already clear that a great deal of personal matters, and we regret to say what appears
to us to be most ungentlemanlike and un-officerlike ill-feeling will be imported into the
investigation. We ourselves have always deemed it unwise to enquire too closely into the
movements of the police while the KELLYS were still at large, although we were aware
that the worst spirit existed amongst the superior officers. Any reprehension on our part
during that period would only tend to make very bad very much worse; but we may now
say that it is evident, from the relations existing between the heads of the department, as
evidenced by HARE’S letter in the first place, and now through Captain STANDISH’S
deponements, it is simply wonderful how the rank and file were kept together at all. It
really seams incredible that gentleman almost in the position of military men should not
only confess that they had been intriguing against each other while the enemy was in the
field, but that they should charge each other with emissions which, to every sensitive and
manly mind, will amount to an imputation of cowardice. It is still more extraordinary and
still more shameful that well-bred men should allow themselves, under any provocation
or any temptation whatever, to refer to a young lady who, although not named, is
sufficiently plainly indicated to persons moving in the same society. We remember a time
when men of Captain STANDISH’S profession would suffer their tongues to be cut out rather
than utter a word that would directly, or indirectly, sully any woman’s reputation even as
slightly as a breath would dim a looking-glass. Because to injure a woman it is not
necessary that she herself should be in any respect to blame. So delicate is the bloom
upon a woman’s name that no wind but one from heaven itself can touch it without
blurring it. We cannot remember reading anything of the same kind more painful than the
evidence which has been already adduced, and it shows beyond doubt, not only in its own
matter, but in the line of cross-examination which has been followed, that the worst
features are still to appear. It is with shame we say it, but we are forced to express a hope
that the men themselves will not be judged by some of their officers who have as yet
appeared upon the scene.
——————
RELIEVED FROM DUTY.―The Police Commission have requested the Chief Secretary to
relieve Messrs Nicolson (acting Chief Commissioner of Police), Hare (superintendent),
and Sadleir (inspector) from duty pending further progress being made with the taking of
evidence regarding the pursuit of the Kelleys. The Chief Secretary has at once complied
with the request, and those officers have accordingly been relieved from duty.
Superintendent Chomley will assume the office of Acting Chief Commissioner of Police
until further orders are issued by the Chief Secretary.―”Age”
——————
THE KELLY REWARD COMMISSION.―The commission appointed to recommend
the distribution of the reward of £8000 offered by the Governments of Victoria and New
South Wales for the capture of the Kelly gang of outlaws has nearly brought its labors to
close. During the past few weeks the evidence of the reporters of the “Argus,” “Age” and
“Daily Telegraph,” and of Mr C. C. Rawlins, all of whom were witnesses of the fight
between the police and the Kellys at Glenrowan, has been taken. Mr Ramsay, M.L.A.,
has also given evidence with regard to the nature of the instructions given to the police by
him as Chief Secretary prior to the capture of the gang. At present it is not the intention
of the board to examine any more witnesses, and as soon as the evidence which has
already been taken is printed it is possible that the board will at once frame their report. It
having been announced that only the claims of those members of the force who were
present at the capture at Glenrowan would be considered, some dissatisfaction has been
expressed by certain members of the force who have performed arduous and dangerous
work in the search of the Kellys. An effort will probably be made to more clearly bring
the claims of at least one of these men under the notice of the board.―”Age.”
————————
No. 4847
Thursday, March 31, 1881.
THE POLICE COMMISSION
Tuesday, March 29th.
Present―Messrs Longmore (chairman), Graves, Fincham, Gibb, Hall, Anderson, and
M.L.A.’s, and Mr. Dixon and Mr. Levey.
Mr. Hall referred to a statement in the “Argus” of that day, to the effect that he ought
not to have been appointed a member of the commission, and asked if the commission
would like him to make a statement on the subject. If not, he would refer to it in the
Assembly.
The Chairman intimated that the commission need not take any notice of the article.
Mr Nicolson, acting chief commissioner, said he desired to supplement his evidence.
He deposed.―The interference with me in the North-Eastern district by Captain Standish
worried me considerably, and crippled the action of the two officers I had with me, viz.,
Superintendent Sadleir and Sub-inspector O’Connor; but I never allowed it to interfere
with my work. Received from time to time several orders to withdraw the cave party, but,
on my own responsibility, did not do so. When Captain Standish objected to the employ
of Aaron Sherritt I remonstrated. At last Captain Standish sent me an order insisting on
Sherritt’s dismissal. I kept Sherritt on my own responsibility, paying him out of my own
pocket, trusting that the Government would reimburse me, until I left the district finally.
Was reimbursed. Being on the spot, I was the best judge as to who I should and should
not employ. It was impossible for Captain Standish, sitting in Melbourne, to dictate
successfully as to who I should employ. For months before I was withdrawn I felt
mischief was brewing against me in Melbourne. Charged Captain Standish on one
occasion with exhibiting my confidential letters to him to Mr Hare. He replied that he
considered he had a right to do what he liked in such matters. Consequently I was very
guarded in my communications with him. Maintained for a long time courteous relations
with Captain Standish; there was no exhibition of illfeeling on my part. When he told me
in a very curt manner in April, 1880, that I was to be suspended, I, seeing that the public
service was being sacrificed, only then expressed indignation to the commissioner.
Warned him of the disaster that would ensue. Insisted on an interview with the Chief
Secretary, Mr Ramsay. Arranged for an interview with Mr Ramsay. Captain Standish
stated he would like to be present. I said I had no objection. On arriving at the Chief
Secretary’s office, was told by Captain Standish that the Chief Secretary would not be
there until 2 o’clock, but I saw Mr Ramsay going up to his office before that. Spoke to
Mr Ramsay, and told him Captain Standish said I was to have an interview with him at 2
o’clock. Requested to see him then, and he consented. Captain Standish rushed up and
looked at me insultingly, as if I had tried to get the interview without his presence. Mr
Ramsay heard me most patiently and kindly, and assured me no reflection on me was
intended, that the change was merely as of bowlers at cricket. Pointed out that the change
was, under the circumstances, dangerous. Mr Ramsay promised to consider my
application not to be removed. Called at his private office that day later, and he led me to
understand I would receive a favourable reply. Did not force myself into his room. Did
not want to be removed from the North-Eastern district, because information of an
important character had begun to come. When I got back I found it was almost useless
going on with the prospect that I was to be withdrawn in a month. About the middle of
May telegraphed to Captain Standish, saying I would be down next day, and requesting
him to arrange another interview with the Chief Secretary. Came to Melbourne next day
and presented myself to Captain Standish. He said, “I was dining at the Governor’s last
night, where I saw Mr Ramsay, who thinks there is no occasion for a further interview.”
Asked him if he was unable to obtain an interview for me, and he said “Yes.” I went to
Mr Ramsay’s private office, and had a long interview with him. Told him the state of
affairs, that Captain Standish was no authority in any such matters, having had no
practical experience; that he would not give his mind to the business; that I could not get
him to attend to me for 20 minutes at a time with fixed attention. Said it was a great pity
that before Mr Ramsay desired to remove he had not consulted with me. I was then
assistant commissioner of police, and although subordinate to Captain Standish was his
comrade. Mr Ramsay listened to me very attentively, and we parted in a friendly manner,
he promising to re-consider the matter. Captain Standish has said Mr Ramsay
reprimanded me for speaking about the absent head of my department, but I have no
recollection of his doing so. Met Captain Standish at the railway-station as I was
returning to Benalla. He said he heard I had had an interview with Mr Ramsay, and had
abused him (Captain Standish), and had been disloyal to him. I smiled at that. He said Mr
Ramsay had to check me. I said “Never.” He said in an offensive manner, “I believe Mr
Ramsay.” Returned to Benalla, and was superseded on June 2 by Mr Hare. While I was
down the last time referred to, an important telegram came to me from Mr Sadleir. This
telegram Captain Standish handed to me at the station. Mention this to show that, while
important information was coming in, I had to be in Melbourne, fighting in the
department. Showed the letter from an agent about “diseased stock” to Mr Ramsay, but
not to Captain Standish. With regard to my seeing Sir James McCulloch, he was in office
when Power, the bushranger, was arrested, and had then expressed himself very
handsomely about my conduct in that affair. Should like the commission to go over the
papers in the Power affair. Had an interview―as Captain Standish alleged―with Sir
James McCulloch. This was on May 21. Sir James knew about the Power case, and that
was why I went to him. Thought he might influence Mr Ramsay. Wished to get definite
information as to whether I was to be recalled. [Looks at pocket-book.] My first interview
with Mr Ramsay was on Monday, May 3. On the following day I was informed my
removal was to be deferred for a month. Came to Melbourne again on May 24, because I
found it utterly impossible to do anything, knowing I was to be superseded immediately.
Saw Captain Standish then, and asked him to obtain an interview for me with Mr Ramsay
next day. It was on May 25th that I saw Sir James McCulloch. Joined the police force in
1852. Got my first promotion at the time of the capture of Connor and Bradley,
bushrangers. Was for a long time in charge of the detective police. Was then in constant
correspondence with the New South Wales police. [Witness undertook to get a return of
the duration of the career of several New South Wales and Victorian bushrangers.] I have
read Superintendent Hare’s report, dated 2nd July, 1880. It is there stated that I gave him
no verbal information when he relieved me. That statement I deny, but before speaking
further, would rather hear his evidence. Had no difference with Mr Hare up to the date of
his report of July 2nd, 1880. When he arrived at Benalla on June 2nd, I and the other
officers, Messrs Sadleir and O’Connor, received him kindly. But for years previously had
been frequently annoyed by his being brought into opposition with me, sometimes
through his own accord and sometimes through Captain Standish. When I relieved
Captain Standish and Mr Hare in July, 1879, I found some of the police very ignorant of
how to use the rifles, and short of ramrods. Some of them told me they had never fired a
gun in their lives. Retained these men. This statement applies to the police in the district
as a body. One constable accidently shot a comrade with a rifle. He presented it at his
comrade and fired, not thinking it was loaded. That was on June 26th. Formed a class
under Senior-constable Irving for instruction in the use of the rifles. Rifle practice was
pursued, and the men gradually attained proficiency. Received a communication from the
Chief Commissioner of Police that Superintendent Hare stated we were wasting
ammunition, and was ordered to stop. Allowed all the men in the district ammunition for
practice. Also taught them how to dismount and fire. It is now generally admitted that a
man cannot fire with precision on a horse’s back. Instructed them in various tactics.
Inspected the Beechworth district in 1877, and the Greta station. That was before the
police murders. [Witness read his report, in which he stated he had visited “the notorious
Mrs Kelly’s,” described her house, stated that they appeared to be in poverty, and that she
said her sons were at work, and that the Quinns never came near her, and he added the
following:― “Until the gang referred to is rooted out of this neighbourhood, one of the
most experienced and successful mounted constables in the district will be required to
keep charge at Greta. I do not think the present arrangements are sufficient.”] That report
was sent to the Chief Commissioner. Considered these people were dangerous
characters. In August, 1877, I sent another report, stating that cases of horsestealing in the
district were very common, and that the animals were driven over into New South Wales
and sold. I added that the Beechworth police ought to make arrangements with the New
South Wales police. [Witness read a letter from Mr Singleton, of Albury, an officer in the
New South Wales police, to Mr A. Brooke Smith, in charge of the Victorian police at
Beechworth, in which it was stated that a regular system of horse-stealing was carried on
by Victorian thieves, the horses being sold in New South Wales, and vice versa.] In 1876,
I inspected the Bourke district, and pointed out irregularities in money matters on the part
of a constable. Am not aware that the system was altered in consequence of my report.
[Witness read a memo. From Mr Hare, disagreeing with his report.] That is an instance of
Mr Hare’s placing himself in opposition to me. Mr Hare was then in immediate charge of
the Bourke district. That is the most serious instance of Mr Hare’s interference with me.
Mr Dixon: I think it is a small matter.
Witness said a return of the secret service money paid by Captain Standish to himself
could be prepared.
Mr Hare said Mr Nicolson had picked out portions of papers and read them. The whole
of the papers ought to be handed in to the Commission.
The Chairman intimated that the papers quoted from by Mr Nicolson would be placed
with the papers of the Commission. If Mr Hare wished to go through them, an
opportunity would be afforded to him to do so.
Witness: With regard to the rifle practice, I have paid prizes out of my own pocket, and,
at such contests, provided the ammunition used out of my own purse.
Stanhope O’Connor, the next witness, deposed: I am at present living on my means.
Was formerly sub-inspector of Queensland police. At the time I applied for this enquiry,
had no intention of leaving the Queensland police. Have left the Queensland police.
Came down to Victoria at first at the request of the Victorian Government. Came down in
March, 1879, with six black troopers and Senior-constable King. On 8th March, 1879,
having met Captain Standish at Albury, we left that place and went to Benalla. On March
11, Captain Standish ordered us out on our first trip. I was first sworn in as a member of
the Victorian police force. We left Benalla in the morning of the 11th with Superintendent
Sadleir and five or six Victorian constables. Prior to leaving told Captain Standish I only
required two of his men. Was told I must take six Victorian constables with me. Captain
Standish told me I was in charge of the party, that Superintendent Sadleir was not over
me. Mr Sadleir and I were always on the best terms. Returned to Benalla on March 18,
owing to the fact that the party was not sufficient supplied with necessaries, such as
blankets and food, and that Corporal Sambo, one of the trackers, was ill. Had to send
Sambo to Benalla on March 15th. He died of congestion on the lungs on March 19th. Do
not attribute any blame to the Victorian authorities for that. Captain Standish showed my
men every kindness. On April 16, 1879, we again started out, the party consisting of
about the same number of men, or about 14. We had no information the first or second
time. We went up the King River, and on April 21 arrived at Degamaro station. Met ——
, who informed us of having found on the run a horse answering the description of one of
the horses ridden away from Jerilderie by one of the outlaws. —— offered to show us the
place. As we were going to start, we got a letter from Captain Standish, saying, if we
were not on anything good, we had better return, and that Mr Hare thought he had found
some traces on the Warby Ranges. Mr Sadleir and I conferred, and sent Captain Standish
word of what we had been told, and that we had decided to follow our own information,
but would return if he sent us orders to do so. This he did next day, and we returned
immediately. That was on the morning of the 23rd. At this time Captain Standish was in
charge of the North-Eastern district, Mr Hare being also there. Subsequently, after Mr
Nicolson took charge, the horse just alluded was found, and was discovered to be one that
had fallen into the possession of the Kellys. Captain Standish took no notice of and
laughed at the information about the horse. Up to this time and a little later, Captain
Standish and I were on intimate terms. In my report dated September 7 I stated that
Captain Standish treated me discourteously for 16 months. I should have said 14. He
often expressed a wish that I would join the Victorian force after the Kellys were taken.
He showed a great want of interest in the Kelly pursuit. This was observed by myself, Mr
Sadleir, and Mr Hare. They can corroborate my statement. Mr Sadleir often told me he
could never get two minutes’ conversation with Captain Standish about the Kelly
business, that the moment he began to talk about the business with Captain Standish that
gentleman would take up a novel. Mr Hare also remarked the indifference of the then
chief commissioner to his work. About the beginning of May, 1879, Captain Standish, in
official letters, began to show his dislike to me, and wanted to take my men from my
command, and place them in different townships. Could not do that, on account of
official instructions from my Government. [Read a telegram from the Queensland
Government, containing such instructions.] I never objected to let my men go out
whenever I was asked, without my accompanying them. Never found any difficulty in
working with Mr Hare, who always treated me with great kindness, and frequently
remarked the insolent manner of Captain Standish to me. He and I went out on different
expeditions, and on such occasions Captain Standish told me markedly Mr Hare was in
charge. Mr Hare told me, after observing the efficiency of the trackers, that we ought not
to go out except on the best information as something important might turn up during our
absence. Mr Hare’s usual plan of operations was to scour the country with large bodies of
men, not on any information, but on the chance of dropping across the outlaws. Aaron
Sherritt was employed by Mr Hare, who firmly believed in him. Once a letter was sent to
Aaron Sherritt from Joe Byrne, asking him to meet the writer at Whorouly races, to ride
his (Joe Byrne’s) horse. It told Aaron where to meet the writer. Mr Hare and several men
went to the races, but Captain Standish would not allow myself and party to go. Mr Hare,
on his return, said Aaron alleged he could not meet the outlaw. On another occasion Mr
Hare received a note stating that the four outlaws were in a certain hut, and that they
could be easily captured. Captain Standish sent out Mr Hare and a large party, about 11
men. After Mr Hare had proceeded some distance, the party met a man whom some of
the party recognised. The party surrounded the hut, and the door was opened by the man
seen on the road, but there was no sign of the outlaws. It was on this occasion that the
chief commissioner would not let me go. When I complained of the folly of refusing me
permission to go out, he said, “I will endeavour to catch the Kellys without your
assistance.” His refusal to allow me to go out on the occasion just referred to was
conclusive evidence to my mind that such was the idea. Captain Standish, in his
evidence, spoke about a train of baggage waggons with the trackers and that we worked
so slowly. He would not let us go out without six or seven Victorian police, and we were
not slow. Once a tracker was following a track four miles ahead, and went so quickly that
a party of constables could not catch him up. In Queensland the native police have to deal
with white criminals as well as blacks. I have myself travelled 30 or 40 miles a day on a
track.
The commission adjourned until 11 o’clock next morning.— “Argus.”
————————
No. 4856
Thursday, April 21, 1881.
THE KELLY CAPTURE REWARD.―The metropolitan correspondent of a contemporary
writes:—The Government will have to be very careful how they deal with the report of
the Police Reward Board, for the dissatisfaction evinced at the awards is about the most
universal thing I can recollect for some years. Neither amongst politicians in family
circles, nor amongst the police, can I find a single defender for them, and there is a
general outburst of indignation that, no matter whether Aaron Sherritt was given to
playing a double-faced game or not, he and his family have been shamefully treated.
While Detective Ward, doubtless, did manful work, and was probably entitled to some
remuneration for it, it must be remembered that, if the awards are to be extended to those
who assisted, but were not actually present at the capture, there are many other good men
overlooked; but the logic of giving him Sherritt’s allowance seems utterly indefensible.
There will be some noise about this matter yet, believe me; as many hold that Mr Curnow
has been unfairly dealt with, though, from certain circumstances within my knowledge, I
confess I don’t sympathise with this view. And now what is to become of McIntyre, who
is still a departmental shuttlecock, rustling in an invalid state on full pay?
————————
THE STATE OF THE NORTH-EASTERN DISTRICT.―It will be remembered that when Mr
Superintendent Sadleir lately gave evidence before the Police Commission he said he had
received information from a reliable source that another gang would shortly take to the
bush in this district. This statement is supported, the “Dispatch” believes, by the fact that
a sympathiser of the destroyed gang has stated in Wangaratta that shortly a more
formidable gang will break out, and that the police and those who took part in the capture
of Ned Kelly will be objects of special vengeance. If this be so, we certainly think the
force at present stationed at Wangaratta should be strengthened and that we should not be
left with one sergeant and three men. Some more men should be sent to the Glenrowan
and Greta police station. Should another gang surprise the district, the suspension of the
civil law and the application of local coercion should be resorted to. No new gang should
be allowed to have a run.
————————
No. 4857
Saturday, April 23, 1881.
MR CURNOW AND THE KELLY REWARD BOARD.
Mr Curnow, the schoolmaster, who saved the special train to Glenrowan, on the
occasion of the capture of the Kellys, from being wrecked, arrived in Melbourne on
Wednesday, in order to see the Chief Secretary with regard to the reward apportioned
him by the board, and to draw the hon. gentleman’s attention to the unfair manner in
which the board had apportioned the rewards. Mr Curnow pointed out to Mr Berry that
his removal from Glenrowan to Ballarat was positively a loss, rather than a gain. Mr
Berry said he would carefully consider the statement’s which Mr Curnow had made, in
conjunction with the other awards. The Chief Secretary thinks that the Reward Board
have, to some extent, mistaken the intentions of the Victorian and New South Wales
Governments, when offering the rewards. It was not intended that the £8000 should be
distributed as prize money, but rather that appreciable sums should be awarded to a few
who made themselves deservedly conspicuous in their efforts to capture the Kelly gang.
After he left the Chief Secretary, a member of the “Daily Telegraph” staff waited upon
Mr Curnow, and the following is the result of the interview:—
Reporter: I believe, Mr Curnow, you are a native of Cornwall, England, and at present
residing at Ballarat, engaged as a schoolmaster.
Mr Curnow: That is correct. I was removed from Glenrowan to Ballarat shortly after
the Kelly capture.
Reporter: Do I understand that you are dissatisfied with the amount awarded you by
the Kelly Reward Board.
Mr Curnow: I feel that I have been harshly and unjustly treated by the board in having
£550 recommended to me.
Reporter: May I ask why you come to this conclusion.
Mr Curnow: Because I risked my life in stopping the special train. I represented
myself to Edward Kelly as a sympathiser, and thus gained my liberty, with the intention
of saving those in the expected special train from defeat and death, even at the sacrifice
of my life. I feel assured my life would be the penalty of my action, and that I was also
risking the lives of my wife, child, and sisters.
Reporter: Have you experienced any annoyance since from the action you took on
that memorable occasion.
Mr Curnow: By my action in warning the special train with police of the fate that
awaited them, and by doing so, too, after winning over the outlaws to allow me and mine
to go home, I have exposed myself to sudden death, and to constant annoyance and
anxiety.
Reporter: But your life has never been threatened?
Mr Curnow (warmly): My life has been threatened in Ballarat even, and I have been
insulted and annoyed there.
Reporter: Have you had any intimation that the sympathisers meditate any violent
proceeding toward you?
Mr Curnow: I am aware that the outlaws’ relatives and friends swear to revenge
themselves on me. We live in a state of constant watchfulness and expectation of
something injurious being dine to us.
Reporter: I understand that you have suffered in pocket by your removal to Ballarat.
Mr Curnow (emphatically): Unquestionably I have. By my hurried departure from
Glenrowan, the sale of my effects there, and expense in connection with the Kelly
business, I have lost considerably. Also, at Ballarat, I have to pay more than twice as
much rent as at Glenrowan, and it costs us considerably more for wearing apparel, food,
and other necessaries. I have also a smaller salary now than we had at Glenrowan. There
my wife and I could earn a maximum salary of £195 a year. Now, I receive only £180 a
year.
Reporter: Then you will be a loser by the action you took in the affair?
Mr Curnow: By receiving only the award of £550 I shall be in very little better
circumstances than I was before my departure from Glenrowan. I shall be tied to Victoria,
and always exposed to outrage, anxiety, and possibly sudden death. I shall be made to
suffer by the constant dread and expectation of evil to my wife and family. Instead of
feeling that I have the approval of those in authority for the action I took in saving the
special train at Glenrowan, I feel slighted and treated with contempt.
Reporter: Pardon my asking the question, Mr Curnow, but what prompted you to take
the action you did?
Mr Curnow: What I did was done from motives of duty. I felt constrained to do it,
because I felt such to be my duty. Money considerations, nor thought of recompense,
never entered my mind.
Reporter: Do you intend to accept the award made by the board?
Mr Curnow: I would not now receive one penny of the £8000 did I not feel the want
of money to defend myself and family, and to obtain security, so that we may feel again
the peace of mind enjoyed before our connection with the destruction of the Kelly gang.
Reporter: One further question, and then I have done. What was the actual signal you
employed to stop the special train?
Mr Curnow: I have seen it stated that I used a red pocket handkerchief and matches.
What I did make the danger signal with was a piece of red llama and a candle.
The interview then closed. Throughout the conversation, it was evident that Mr
Curnow felt very keenly that he had been treated in an unsatisfactory manner by the
Reward Board.
————————
ANOTHER BUSHRANGING OUTBREAK FEARED.
Superintendent Sadleir’s statement in his evidence before the Police Commission on
Thursday week, that he quite anticipated another outbreak of the lawless inhabitants of
the North-Eastern district, is rather alarming. He bases his belief upon the very great
prevalence of horse-stealing, and its weekly growing proportions. When it is remembered
that horse-stealing and cattle-duffing have been the origin—direct—of nearly all the
bush-ranging gangs with which Victoria and New South Wales have been infested, it
must be admitted that Superintendent Sadleir has some grounds for his grave suspicions.
More significant still is the superintendent’s confession that he is not in possession of
much information that will be of service in the event of another outbreak. This, however,
is not surprising; for, when it is remembered how shabbily, not to say cruelly, the
Government have treated Mrs Sherritt, the police cannot expect to obtain any assistance
for such men as her late husband. What inducement can it possibly be for the settlers in
the districts likely to be the scene of further depredations at the hands of bushrangers or
“cattle-duffers” to offer their services in effecting their capture, so long as the
Government consider the price of a life is fully recompensed by a charity donation of 10s
a week. It is not so long ago that one individual who was knocked about in a train
accident received compensation for his injuries in the shape of a cheque for £1500 and a
substantial Government billet. This treatment is in marked contrast to that received by the
poor woman who has had her husband murdered before her eyes while in the execution
of his duty, her home wrecked, and has lost her health, so that she is unable to labour for
her daily bread. Why, the outlaws would probably have made Sherritt a far better
recompense had he; instead of hunting them down, betrayed the police into their hands;
and he would have saved his life at the same time. The action of the Government, in the
case of Mrs Sherritt, will have done more to alienate the sympathy and assistance of the
settlers in the North-eastern district than anything else possibly could do. If is not too late
to retrieve the position, and we would advise the Government to reconsider their
determination, in view of Superintendent Sadleir’s evidence before the commission.—
“Telegraph.”
————————
MRS AARON SHERRITT’S ANNUITY.—We have already referred to the ridiculous annuity
granted to the widow of the late Aaron Sherritt, murdered by the Kelly gang of outlaws
while in the employ of the police. The amount, ten shillings per week, is totally
inadequate for the support of the unfortunate young woman, who, for particular reasons,
cannot reside with her parents at the Woolshed, the scene of the tragedy whereby she was
deprived of her husband; and therefore has to live in Beechworth, and pay the rental of a
house at the rate of five shillings per week. She, therefore, has but a similar sum left
wherewith to secure the common necessaries of life; and as the winter is setting in, the
best part of that amount will be absorbed in the purchase of firewood. We trust that, in
common justice, the matter will be properly represented to the Chief Secretary, and
proper provision made for the widow of one who may be said to have lost his life in the
service of his country. Moreover, we certainly think that she had a prior claim to many
who are recommended to receive a portion of the Kelly capture reward; for was it not the
death of Sherritt that indirectly led up to the capture of the outlaws, who after having
committed the foul deed became reckless in a moment of inhuman joy?
————————
THE KELLY REWARD DISTRIBUTION.―Writing upon the subject of the distribution of the
Kelly award, the “Sydney Daily Telegraph” says:―“The gentlemen who were entrusted
with the difficult duty have taken a long time to discharge it, and now that their decisions
are known, it is not, perhaps, peculiar that they are somewhat incomprehensible. . . . . Our
ideas may not be in accord with public opinion, but we consider that the largest share of
the fund should have been given to Mr Curnow, the schoolmaster, through whose
presence of mind and courage the train containing the police was saved from being
wrecked. Superintendent Hare, however, is awarded £800, being nearly double what Mr
Curnow is to receive, though had it not been for the action of the latter, the police officer
and his men would have fallen into the diabolical trap laid for them by the leader of the
gang. There is as yet only a telegraphic summary of the report of the board, and until the
details are received, it would perhaps be premature―is not unfair―to carefully criticise
the awards. Strictly speaking, the money has been thrown away; not one shilling of it
having been legitimately earned, with the exception of what is to be paid to the men who
captured Edward Kelly. It was offered as a reward for finding and capturing the Kelly
gang, and producing their bodies, dead or alive; but they were never found, nor were they
ever captured, until they recklessly delivered themselves into the hands of the police, and
then only one of them was taken alive, while the remains of the others were carried off in
triumph by their friends, to be ‘waked as martyrs, and buried as heroes.’ The distribution
of the £8000 is, perhaps, a fitting finish to the humiliating history of the Kelly gang’s
exploits. Having defied the police authorities so long, and proved that they could not be
captured, there is much ‘fitness of things’ in the police being handsomely paid for being
fortunate enough to escape the misfortune of being killed or captured by the Kellys―an
escape for which they are largely, if not absolutely, indebted to Mr Curnow―and also to
the quality and quantity of the spirits served out in the Glenrowan Hotel the night before
the house was beseiged―at a safe distance―by the gallant army of Victorian
policemen.”
————————
THE KELLY “DISEASED STOCK AGENT.”―Much anxiety has been expressed as to the
personality of decidedly the cleverest agent employed by the police during the search for
the Kellys, and who is now known as the ‘diseased stock agent,’ through his having
shaped his secret communications in that character. It was he who, amongst other
valuable items, obtained the information as to the manufacture of the outlaws’ armour
from stolen mould-boards, and of its having been proved at ten paces―a story that would
have been deemed incredible had it not since turned out to have been actually correct. We
may state that this person did actually hold an appointment under the Government when
he undertook his perilous enterprise, but, such was his skill in assuming various disguises
and in making his way into the confidence of entire strangers, he seems never to have
been suspected by the relations or sympathisers of the gang. On the contrary during a few
of his visits to Wangaratta, we are inclined to think, he himself was an object of suspicion
to some of the police. Our readers and the colony generally will now be glad to learn, for
the first time that his readiness and courage have been recognised by a good appointment
in connection with the detective department.
————————
As considerable interest is taken in the case of the widow of the late Aaron Sherritt in
connection with her claims for consideration at the hands of the Government, in whose
service her late husband was at the time he was so foully murdered by the outlaw Byrne,
a member of our staff on Monday interviewed her, with the object of learning the extent
of her pecuniary circumstances and how far ten shillings per week would go towards her
support, and also to ascertain the action taken by her on the night of the tragedy. She
made the following statement―partly voluntarily and partly in answer to questions put to
her:―
“My father is a miner, living at the Woolshed. For some time past he had been, owing
to an accident to his arm, unable to work, but is now working in a claim at the Woolshed
in which he has a share. The claim, however, has not yet been bottomed. I have six sisters
and a brother; and five of the former and the latter are at home, and my father has to
provide for them. It will therefore be seen that he has quite enough to do without keeping
me. Besides, I could, and would, never live at the Woolshed, with which is connected
such awfully painful associations since I was deprived of my husband and protector in
life. I on one occasion went to live with my mother since my husband’s death, but only
remained a day, feeling quite ill at the unpleasant memories attached to the place which
were recalled to my mind. Ever since that terrible night when Aaron was slain
I have been in ill-health, and at one period had two doctors attending me, owing to
serious illness. I do not consider that I could live any way comfortably in Beechworth
(where I am compelled, from various reasons, to reside) under 25s per week. I have never
received a penny from Government up to the present time; and were it not that my father
from time to time, according to his limited means, assisted me in procuring several
necessary articles, I should be entirely destitute. I consider 10s per week totally
inadequate for the support of a person in my position―being in a weak state and unable
to work, on account of trouble, anxiety and illness. Moreover, I am obliged to have either
my mother or one of my sisters living with me, as I am still anything but well. I was
given to understand some time ago that ample provision was to have been made for me;
and I now can hardly bring myself to believe that the Government really intend that I
shall support myself on ten shillings per week, which is just about sufficient to pay for
house-rent and firewood; and how I am to obtain necessary food and clothing is a riddle I
cannot solve. I had to sell my house at the Woolshed, which has subsequently been
dismantled; and only got £1 for it.”
When asked for a brief description of the shooting affray at the Woolshed on the night
of the 26th June, Mrs Sherritt said, “As you know, my late husband had for some time
previous been in the employ of the police in assisting to capture the Kellys, and had four
constables in our house during the daytime; and they with Aaron used to go out at night
and watch in the vicinity of Mrs Byrne’s. On the night of the 26th June my husband, my
mother and myself were having our supper―the police having previously had theirs, and
three of them had retired into the bedroom, which was divided from the sitting-room with
a calico partition, and the fourth, Duross, was sitting by the sitting-room fire ―when a
knock came to the back door. I asked, ‘Who’s there?’ at the same time beckoning to
Constable Duross to retire into the inner room before the door was opened; as such was
the order the police had to observe. In reply to my question, a voice called out, ‘Antonio
Weeks. Sherritt, come and show me the road; I’ve lost my way.’ It was a very dark night;
but we (my husband, my mother and myself) laughed at the idea of Weeks losing his
way, as his home was about a mile distant from ours, and he was an old resident of the
locality. I advised Aaron to go out and put him on the main road in front of our house,
which would take him straight to his place. Aaron went to the door laughing, and went a
step outside the door. He pointed to a sapling growing a few yards from the house, but
almost immediately afterwards made a movement backwards and said, ‘Who’s
that?―having evidently seen a second person. Just as he asked the question a shot was
fired into the house, and he walked, or rather staggered, into the middle of the room,
where he stood still, without uttering a word. Joe Byrne, who I did not recognise at the
time, came into the room and, lifting a gun which he held in his hand, fired again at
Aaron, who fell. When the first shot was fired a second one was fired almost
simultaneously at the door, behind which I was standing, and the bullet passed close to
my face; it having evidently been thought that someone was standing in ambush behind
the door. My mother stooped down to escape the shots, near my husband, who she said
did not live two minutes after being shot, and never spoke. I and my mother screamed out
loudly. Byrne said, ‘You needn’t be afraid, Mrs Barry; I won’t shoot you nor your
daughter; but I want whoever’s in that room (pointing to the bedroom) out.’ He asked me
who was in the room; and I replied a man who had come there that evening looking for
work. He asked his name. I said ‘Duross;’ as I had heard Constable Duross, who was not
known in the district and had only recently come from Melbourne, say that he had never
met the Kellys, and that they would therefore not know him. Byrne then said, ‘Well, tell
him to come out.’ My mother here asked Byrne if he would let her go outside, and he told
her to open the front door. She did so, and Dan Kelly was standing at the door, with a gun
presented directly at her. She again asked Byrne if he would let her go out, and he
consented to do so. All this time Byrne had a revolver presented close to my face, and
threatened me. At this time he was standing just inside the back door, and reloaded his
gun, a double-barreled breech-loader. He again commanded me to go into the inner room
and induce the man to come out. I went, and advised all the four constables to come out,
or they would be shot. They refused, and told me to keep out of their way, or I would be
shot by them accidentally; their revolvers being in their hands and pointed towards the
door of the room―which consisted of a calico screen―and they had their guns also
loaded and ready to hand. I reported the result of the interview to Byrne, who said, ‘If he
doesn’t come out, I will riddle the house;’ and sent me in again. He also threatened that if
anyone who was in the room did not come out, he would shoot me and my mother. He
evidently had then no suspicions of police being there. As I passed through the sittingroom this time, Dan Kelly came into it and leaned his arm against the table, with his gun
placed carelessly by his side, and looked round the room. When he saw my husband’s
body lying on the floor he smiled, as if glad at what had taken place. He said to me,
‘Good evening, ma’am,’ and nodded. I looked at him, but never spoke. I again passed
into the inner to come out. They asked me, ‘Who is there?’ I replied, ‘Joe Byrne and Dan
Kelly.’ They told me again to keep out of the road. Byrne all this time was foaming with
rage, and swearing and threatening what he would do. When I returned to the sittingroom Kelly had gone out to (as I afterwards learned) gather bushes to set fire to the
house. When I told Byrne that the man refused to come out, he fired a shot past my head
into the wall of the bedroom. The flash of the gun went so close to my ear that I and my
mother thought I was shot, and I exclaimed that I was, but Byrne said, ‘It was only the
flash of the gun in her ear.’ He sent me in again; threatening that if the man did not
immediately come out he would put a hole through both me and my mother. I went into
the bedroom; but two of the constables pulled me under the bed, saying that I had better
remain there for safety. I was kept there and was nearly suffocated, being huddled up into
a corner. I remember my mother coming in and trying to pull me out from under the bed,
and calling out that Byrne was going to burn the house. The police said that my mother
had also better remain, or she would be shot; as when she entered she was nearly shot by
the police, who thought it was one of the outlaws coming in, until she raised the screen,
when they saw who it was and never fired. She consented. I took a weakness when
stuffed under the bed, and could not hear my mother calling upon me to come out, as she
said she repeatedly did. She said she had implored Byrne not to burn the house, when he
said he would see about it; and she came inside. We were all listening, waiting for the
house to be set on fire. When I went out the second time referred to, Byrne beckoned
towards the scrub at the back of the house and whistled and sang out, ‘Come on; those
b—— dogs in the room won’t come out.’ He received no reply. I was in a good position
to judge if he did, being outside at the time. I do not think the outlaws had armour on, as
they appeared too slight for that. Byrne had a watch, and looked at it at either 8 or 9
o’clock (I cannot now remember which), and said to my mother, ‘We can’t be stopping
here all night.’ My mother asked him, ‘Joe, how could you have had the heart to shoot
Aaron?’ He replied, ‘I have a heart, but it’s as hard as a stone.’ He also said that he and
his mates were now in the bush, and intended to remain there, as they had plenty of
ammunition. He questioned my mother as to whether there was a window in front of the
house, and she said there was. He then called out to Kelly, ‘Look out, Dan, for the
window in front of the house.’ Byrne asked me if Aaron had a gun and a revolver, and I
said he had both. To my knowledge, he had neither; but I wished to make Byrne believe
that Duross had them in the bedroom. The conversation with the police was carried on in
whispers, and I imagine they were heard by the outlaws, who could also have heard the
clicking of the firearms; but might have thought that it was Duross with Aaron’s
weapons. When I was inside the second time, my mother, it appears, told Byrne that there
were two men in the room; whereas I had told him there was only one. When I came out
again Byrne asked me how many there were, and I was going to tell him what I had
before told him, when my mother nudged me not to say anything. He threatened us that if
we told him any lies he would murder us. It was about nine o’clock when the outlaws
left, after cursing and threatening what they would do if we did not come out; and we
heard no more of them. Constable Armstrong about two hours afterwards (11 o’clock,
perhaps) went out into the sitting-room and quenched the fire, which during the evening
had been burning brightly, and shut both doors; the candle having burnt itself out. We all
waited until daylight, when the police went out and searched for traces of the outlaws, but
found nothing. Early in the morning Constable Armstrong asked for a drink. My mother
told him there was some cold tea in the cups on the table, which had remained from the
previous night’s supper, but I advised him not to drink it, as Dan Kelly had been standing
near the table, and might have put poison in the tea and the other things. My mother then
threw everything on the table out. In answer to Armstrong’s question as to whether she
would be frightened to go out for a bucket of water, she said, ‘No.’ She brought in the
water and made fresh tea, and gave the police some bread and butter. About sunrise a
Chinaman who was passing the house was called in, and given by Constable Armstrong
(who had charge of the police party) some money and a note for the schoolmaster (Mr.
O’Donoghue) at the Woolshed. The note was put in the Chinaman’s boot. Mr
O’Donoghue came down, and said he would go to Beechworth for assistance. He went
home; but in about half-an-hour he came back and said his wife would not let him go, as
she might not be alive when he returned. A miner named Duckett, who was also asked to
go, said he would, as he was not frightened. About two hours afterwards, receiving no
reply, Armstrong went himself; and late in the evening five constables came down and
relieved the four who had previously been in the house. I do not wish to give any opinion
about the manner in which the police acted on the night of the murder; but if called upon
at any inquiry which may be held, I suppose it will be my duty to do so. I had been
exactly six months married when my husband was shot (26th June); having been married
on the 26th December, 1879. My mother could tell you the particulars of the dreadful
affair more fully than I could, as my memory, since the great shock I received, has not
been good; and at the inquest on my poor husband’s remains I hardly knew what I was
saying, being, as might be supposed, in a very perturbed state of mind. In addition to
Aaron being out all night with the police, he sometimes used to go out in the day time
alone, to see if he could lick up any tracks of the outlaws in the ranges. Curiously enough,
only two nights before the murder, while sitting around the fire, one of the police
wondered what the Kellys would do if they came to the place. Aaron said that the first
thing they would do, if those inside refused to go out, would be set fire to the house and
shoot everyone as they came out. My mother has also been in ill-health ever since the
night referred to, from the effects of the fright. I do not desire any portion of the Kelly
Capture Reward, although, as Aaron’s widow, I consider myself as much entitled to it as
some of those recommended to participate in it; but would rather receive a respectable
annuity.”
————————
No. 4859
Thursday, April 28, 1881.
some risk must be run in any case; but of this we now feel certain, that if some steps are
not speedily taken to extirpate them along the foot of the ranges, they will soon everrun
the whole country, like a devastating army, from Mansfield to Beechworth, taking the
King, Oxley and Whorouly on their way.
————————
THE THREATENED OUTBREAK IN THE KELLY COUNTRY.
There is not the slightest doubt that some of the police think they have good reasons for
supposing that there will at no distant date be a fresh outbreak in the neighbourhood of
Glenrowan. We may, however, be quite certain that, if such a thing is in contemplation,
its first appearance will not be made on the scene of the extinction of the gang, or merely
for the purposes of revenge. The men who would be likely to start on such a venture are
more likely to be stirred by avarice than vengeance. Fed as they have been on the spoils
of the outlaws, the first thing they are likely to look for is money to carry on the war. The
banks, therefore, which have heretofore fallen such an easy prey to the attacks made upon
them, would be the first object of those who pretend to follow in the footsteps of the
KELLYS. We confess that, having fair opportunities of knowing the state of feeling
amongst the known sympathisers, we think, desperate as a few of them undoubtedly are,
they will think twice before committing themselves to an open act of violence. Every
man of them knows that they could not get such another leader again as NED KELLY, nor
so reckless a comrade as BYRNE; while they are also fully aware that the gang lasted just
so long as the money lasted, and no longer. “A short life and a merry one” seems a very
good sentiment over a glass of whiskey; but none know better than the present braggarts
that the career of the extinct bushrangers was short and very miserable. The report is that
they have decreed a vendetta against the police, and that their first deed will be, when
their plans are perfected, to shoot down some of these men when they have no chance of
defending themselves. That, no doubt, might be done unless extraordinary precautions are
taken by the police authorities, and great care observed by the men themselves. But to
what end? KELLY had a well-defined object in murdering Sergeant KENNEDY’S party at
Stringybark Creek. He meant to show that he and his companions were utterly regardless
of human life, and that he was able to circumvent his natural enemies. To a certain extent
it did produce these effects, but, if it was the means of imparting more caution to the
police in their movements, it never caused amongst them the panic on which he had
calculated. On the contrary, the KELLYS were always ever afterwards as anxious to keep
out of the way of the police, as the police were earnest in seeking them. The murder,
nevertheless, did produce on the minds of isolated settlers who in no way sympathised
with the bushrangers a certainty that they would stop at nothing, and accordingly the
whole country side was either sympathetic or silent. The Glenrowan affair dispelled all
that. In spite of the cleverness of the leader, in spite of the stolen money he had been able
to lavish, notwithstanding the secret preparations he had made which were to “astonish
the world,” and on the verge of perpetrating a crime which would have raised the whole
population, if unhappily it had had succeeded, one of his gang is shot down with a boast
upon his lips; two, or the charred and hideous remains of two, are dragged out of the
razed house in which they had ensconced themselves; and the arch villian of all
surrenders, begging for his life, only to be reserved for a more ignominous fate. Well may
the ruffians who flatter themselves they are about to follow the successful part of his
career, remember the simple cowed words with which one of the greatest braggarts that
ever existed stood upon the scaffold: “Well, I suppose it has come to this.” Yes, it had
come to that; as it surely will to any maniac who looks upon him as a hero whose
example it is safe to follow. But another element has entered into the threatened
contest―if contest there is to be. The public will in future take a more active interest in
the matter. The country people will be afforded safer means of giving information, and
we have every reason to believe that, with the assistance of the Government, the towns
will be able and willing to take care of themselves, so far to the relief of the police. The
people generally are long-suffering and patient; but there is a point of toleration at which
they at last cry “Stop! Thus far, and no farther.” That point has now been reached, and
even those who expressed doubts as to the ultimate capture of the KELLYS now admit the
certain omnipotence of the law. We have said we do not expect an outbreak; but we
should, beyond all question, be fully prepared for it.
————————
THE KELLY REWARD.―The Kelly Reward Distribution Board met on Monday, to
consider the special cases which have been referred to it. Mrs Jones, the landlady of the
Glenrowan Hotel, claims compensation for the destruction of her house. The relatives of
Reardon and of Martin Cherry, who were shot in the attack, have put in claims; and so
has one of Sherritt’s connections. A Mr Cook alleges that he left his box, containing
heirlooms, at the Glenrowan Hotel, and he asks for compensation. Mr Wilson, a police
agent, and Mr Rawlins, who assisted as a volunteer at Glenrowan, aver that, under the
pressure of terrorism, they have been compelled to leave the district; and Mr Monks, of
the saw-mills, re-states his case. The proceedings are, says the “Argus,” likely to occupy
some time. The Chief Secretary has received several protest, in addition to that of Mr
Curnow, against the finding of the Board. It is not the intention of Mr Berry to act upon
the report of the board until he has further time for consideration.
————————
No. 4859
Thursday, April 28, 1881.
THREATENED BUSHRANGING OUTBREAK AT GRETA.―There is not the slightest doubt but
that the formation of another gang of bushrangers is being meditated in the Greta district.
We (“Benalla Standard”) have it from a most reliable authority that the Kelly
sympathisers have recently spoke openly to this effect, and the general actions of these
persons infer that some secret work is occupying their attention. The sympathisers’
rendezvous―Mrs Kelly’s house―is seldom empty, and frequently it happens that the
number of visitors to this domicile is very large. Many threats of revenge have been made
since the tragedy at Glenrowan, and grave fears are daily entertained of another outbreak.
Although the police authorities have provided both Greta and Glenrowan with police
protection, there being four mounted men at each place, the presence of the constables
does not appear to entirely suppress the unlawful practices of the inhabitants of these
hotbeds of crime. Horsestealing is said to be again indulged in, and it is carried on in such
a manner that it is difficult for the members of the force to ascertain the culprits. . . Under
existing circumstances, it is necessary that all precautions should be taken by the police
in this district, in case of a sudden outbreak, which is threatened, and be prepared to meet
any emergency that might be required. The actions of the lawless inhabitants of Greta,
bear a suspicious character, and speak badly for the state of things in this locality.
————————
THE POLICE ENQUIRY BOARD.―The subsequent proceedings of this board are, we are
told by a metropolitan correspondent, likely to be of some interest. The next witnesses
will probably be Detective Ward, Inspector Montfort, and several of the sergeants who
were connected with the search parties; and special attention is likely to be devoted to
enquiring into the proceedings of the “cave” men. Some interesting disclosures may arise
from this; for it certainly seems curious how it occurred that the proceedings of these
men―engaged on a dangerous errand, pledged to secrecy, sacrificing themselves to a
sense of duty, lying out night after night in the wet grass in all weathers, and retreating
through the day to their tireless cave―came to be known, not only to the sympathisers,
but even in Melbourne. This, and some proceedings arising thereout, will be metal very
attractive to the Enquiry Board.
————————
DISTURBING A RAIL.
More than a year ago, and, therefore, before the KELLY gang had actually carried into
execution their horrible threat of tearing up portion of a railway-line, we advocated the
passing of a law that anyone who placed any obstruction on a railway, or wilfully caused
such obstruction to be so placed, should be liable to death. We have had no reason to alter
that opinion. On the contrary, attempts of the kind have been made since, some of them
apparently with no definite motive, but any of which might have ended in an appalling
calamity. We do know, however, that there are not only men capable of conceiving such
a diabolical deed for purposes of revenge or plunder, but of absolutely carrying it out; and
although the perpetrators of that enormity died in their sin, it is well known that many of
the sympathisers were aware of the fact, and that some were in the vicinity to witness the
result. The crime is as easily committed, its effects might be so frightful, and its
punishment is so comparatively light, unless death is the consequence, that the present
law is altogether too weak as a preventative, and too lenient as a retribution. In a case or
arson, if a man sets fire to a house, and if by that act the life of anyone is endangered, the
incendiary may, very properly, be hanged. But if a man places such an obstruction on a
railway as may upset a train containing five hundred people, if none be absolutely killed,
although the whole of them should be mangled and disabled, the would-be murderer is
only liable to two years’ imprisonment. We think everyone will admit that a wretch
capable of such an atrocity―than which we can conceive none more dreadful―should, if
not put out of existence, at least never be allowed the opportunity of committing a similar
outrage. We confess we shrink from even alluding to so horrible a catastrophe as might
occur; but there are times when it is necessary to look a possible danger straight in the
face, calling it by its right name, and providing against it. We are quite aware that the
Railway Department and the police are fully alive to the necessity of taking all kinds of
precautions; but they should be backed by a law which makes it death for anyone so to
obstruct a line as to damage the safety of the train. There are peculiar reasons why this
district should be especially interested in this matter, We would therefore strongly
recommend our suggestion to the attention of our district members, more especially Mr
KERFERD and Mr ZINCKE, who, in addition to knowing the danger, are, as lawyers, likely to
be able to cope with it. A “Railway Obstruction Bill,” making interference with any
railway, to the possible endangering of life, a capital offence, could be framed and passed
in a single day. It would be a hardship to no case, and is urgently required as a matter of
public safety.
————————
No. 4860
Saturday, April 3, 1881.
MRS SHERRITT AND MR CURNOW.
It is with the greatest reluctance we now, for the first time in our leading columns,
allude to the distribution of the Kelly Reward Fund. That distribution was committed to a
board of gentlemen who, at all events, had no political interest to serve in the matter: And
although they have proved incompetent to the task, we were still bound to pay some
respect to their verdict. Even now, much reason as we have to deplore the finding, we
should not have deemed it advisable merely to find fault if there were no appeal from the
decision, or if such an appeal was not to be entertained. The Chief Secretary, however, as
he had a perfect right to do, has in effect remitted the whole question to the Board for
reconsideration. That being so, perhaps the public ventilation of the entire case, which the
Press has hitherto been loth to initiate may not now be unacceptable to the Board. We
shall on this occasion refer to those two cases only which are mere intimately connected
with these districts, namely, those of Mrs SHERRITT and Mr CURNOW; taking the latter first.
MR. CURNOW’S CASE.
Let us, then, briefly recapitulate what Mr CURNOW did, what his motives must have
been, what his difficulties and dangers were, and what his reward is. From the very first
moment of his coming in contact with the gang he set himself with considerable
ingenuity, as he was dealing with a suspicious and observant man, to gain the confidence
of NED KELLY. That he did not do so from any craven fear, nor without some clear and
courageous afterthought that something might yet be done, is evident from the whole of
his subsequent proceedings. When he coaxed his liberty from the KELLYS under threat of
death to himself or family if he broke his parole, his plan seems to have been already
conceived. At all events, it was quickly executed, with an amount of intelligence, under
an evidently keen sense of the risk, which few men would have displayed under the same
circumstances. What was the position then? The police and the black-trackers were
expected along the line. Mr CURNOW knew this from the KELLYS themselves, even if he
was not aware of the murder of AARON SHERRITT on the previous night. The rails were torn
up at a spot where, in the absence of warning, almost certain destruction awaited any
train, either approaching Glenrowan from Beechworth or passing it from Melbourne. The
local policeman, the stationmaster, and every soul in the place who could or who would
give information were either prisoners or under the eye of known sympathisers. In the
meantime Mr CURNOW reaches his family under threat of sudden death to him of them. He
might have quietly gone to bed. He was warned that one of the gang would visit his
house. Death for him on this side―death for how many others on that. He chooses the
heroic part, and risks himself and all who belong to him, to save men―and, as it turned
out, women, who had no business there―from a hideous fate. Let us just fancy what, in
all human probability, would have happened had not Mr CURNOW stopped the police train.
Seeing no light at the station, it would, according to all accounts, have driven through,
hurrying towards the scene of the previous night’s murder. The pilot-engine would have
plunged over the thirty-feet culvert, and it is now universally admitted by experts that, all
things taken into consideration, the police train must have followed it. It is useless now to
speculate on how many would have been killed. We only know that no one could have
escaped without horrible injury. Whether the KELLYS had determined to give the maimed
their coup de grace will now never be known; but it is certain, from there ferocity on that
occasion, no one would heave been allowed to escape while, to carry the information.
Now let us revert to the plan of the outlaws, and see what might have subsequently
occurred but for Mr CURNOW. It was their intention, on the train being wrecked, to
proceed at once to Benalla, which by that time, it was not unreasonable supposed, might
be stripped of policemen, and sack the banks. And let no man suppose that this was
impossible, or that the outlaws might not have escaped with their baby. The townspeople
would have bee taken completely by surprise, and the black-trackers, who might have
been able to follow them up, would have been “nowhere.” With ten or twenty thousand
pounds and the terror which the hideous massacre would have created, the KELLYS would
have been more formidable than ever. Mr CURNOW―and Mr CURNOW alone―prevented
the possibility of all that, besides giving the police the opportunity of capturing the
KELLYS on the spot. And yet the board awarded him the inadequate sum of £550. We say
deliberately that, had no reward at all been offered, Mr CURNOW would have been entitled
to double that amount, not only for the deed itself, but on account of the consequent
exigencies of his position. It was a brave and well-conceived act, well carried out, and
one that, unfortunately, renders his life and the lives of his family not worth six months’
purchase in any of the Australian colonies. This must be cured, if not by the Government,
then, in the name of honor and justice, by the people at large.
MRS SHERRIT’S CASE.
We now come to Mrs SHERRITT’S statement, made to our reporter, as to her condition
and circumstances, the truth of which we are prepared to verify. The pitiable story is by
this time known to the whole colony. Mrs SHERRITT, by the murder committed before her
eyes, has lost everything―husband, health, peace of mind, and means of a livelihood. We
have no desire to paint AARON SHERRITT better or other than he was. He and the man who
shot him were schoolmates, and subsequently companions in less innocent pursuits.
SHERRITT was also unquestionably connected with the wholesale system of horsestealing
which was for a time checked by the BAUMGARTEN trials, and of which NED KELLY was the
head centre. He thus was intimate with the gang when they broke out, and was trusted by
them. Those of us who knew SHERRITT and his surroundings well never believed him to be
thoroughly bad or irreclaimable, and latterly, chiefly through the influence of the girl
whom he subsequently married―now his widow―he determined to renounce his evil
inclinations. This is a positive fact, known to us at the time, and no exagerated sentiment.
No doubt Detective WARD, who also held a strange influence over SHERRITT, and who,
from the first, saw the value of his services, had a good deal to do with his defection from
the KELLYS, with arguments from the other side. There was no middle course: SHERRITT
must be either for the KELLYS or the police; and WARD induced him to take the latter side.
Since that, officers and men alike agree that SHERRITT remained absolutely faithful to the
police―faithful, as it turned out, even to death. Everyone now admits, with the evidence
before the public, that SHERRITT’S information went a long way towards harassing the
KELLYS, and in bringing about the final catastrophe. The gang were forced to show
themselves, in a great measure, through SHERRITT’S disclosure of their haunts and mode of
action. He, more than all the agents put together, helped to harry them, without their
knowing for a long time whence the successive checks came. At length, finding no rest
for the soles of their feet, they suspected SHERRITT. He had risked his life on the issue, and
he lost it―shot down on his own hearth in presence of his wife, without a moment’s
warning, and with four armed guardians in an adjacent room. Let us, in pity, draw the
curtain over that scene down to the ground. The widow of the murdered man gets no
share in the reward, but receives from the Government 10s a week. The question is:
Would SHERRITT, had he lived, been entitled to a portion of the £8000? Undoubtedly he
would; and we are almost inclined to say that if Mr CURNOW’S name, were, as it ought to
be, first on the list, SHERRITT’S should have stood not far below. Surely, then, his widow is
entitled to whatever he should have got, had he not died in the service. No doubt a
pension is better in many ways for a young woman than a lump sum; but 10s a week is
totally inadequate, under this woman’s peculiar circumstances, to keep body and soul
together. It is a scandalous piece of shabbiness in a wealthy colony like this. But leaving
Mrs SHERRITT’S particular claims out of question altogether, is it wise to be illiberal in
such a matter? Should there be another outbreak, where are we to look for the
information which will be absolutely necessary in its suppression? Very properly, we
never entirely trust informers. Now they will no longer trust us. Everything, then, pleads
for Mrs SHERRITT―her sex, her condition, her husband’s services and he husband’s death.
To those who are not moved by such appeals, we put it simply as a matter of good police
and expediency.
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THE KELLY CAPTURE REWARD.―“Lounger” in the “Herald” has the following:―I am
seriously considering whether or not to send in a claim for a share in the “Kelly Award.”
I really do not see any reason why my claim should not be held as reasonable as some
others which have been sent in. To be sure, I had nothing to do with the Kellys (save as
an ardent sympathiser), and I have not been up their way for many a year. But it appears
to me that I have quite as good a right to a share in the reward as several other gentleman
who have tabled their demands. And it is astonishing how quickly claimants spring up
under the conditions of earning money without an effort. Just as I have personally known
some eighteen hundred people who were survivors of the light cavalry charge of the six
hundred at Balaclava, so do I discover people on all sides with proper claims upon the
purse which has no limit―the credulity of the public. However, there is only one way to
settle this matter. Nobody will be satisfied, that is certain, save upon the principle of
“Yankees grab.” I commend the idea to Mr Berry.
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PRECAUTIONARY MEASURES.―Owing to the statements which have been made in the
public press from certain quarters, that there is a probability of an outbreak of Kelly
sympathisers, the Chief Secretary on Thursday instructed Mr Chomley, the Acting
Commissioner of Police, to proceed to Benalla to-day (says Friday’s “Telegraph”), to
make enquiries into the state of the North-eastern district, and to acquire other necessary
information. On receipt of Mr Chomley’s reports, Mr Berry intends to make complete
arrangements in the Police Department for preventing any repetition of the recent Kelly
outrages.
A SCARE.―A contributor to the “North-Eastern Ensign” writes:―It looks to me that Mr
Sadleir’s statement about a “fresh outbreak,” is working its way into the belief of timid
folk. I do not think that they need be afraid. The “end” at Glenrowan is roo vivid as yet,
and most of the wild bushmen will think the matter over many a time before they dare
implicate themselves. If they should break out, then it will be a short life and a merry one.
The police are better prepared for these things now then when but Kelly took to the bush,
and if they have young and energetic officers to lead them, bushranging in Victoria may
be set down as not paying speculation. Horses are said to be stolen as of old, and some of
our storemen in Benalla are a little nervous about leaving a valuable horse in a paddock.
Mr Anxious has a horse for which he asks a good price, and he wants to sell him. When
asked to show his horse, his reply was, “He is in the paddock now, but I must bring him
in, at these blessed Kellys are at their old tricks again and they might take a fancy to
him.” Very peculiar how, the name of the ill-fated Kellys should live, and be attached to
any foolish bush swell who dreams of glory in cattle-stealing and bushranging.
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No. 4861
Tuesday, May 3, 1881.
Page 2, Column 5.
ATTEMPT TO ROB THE BANK OF VICTORIA AT SEYMOUR.―The Seymour correspondent of
the “Daily Telegraph” on Friday telegraphed:―About three o’clock this morning a most
daring attempt was made to rob the local branch of the Bank of Victoria. It appears that,
about the hour stated, a burglar tried to effect an entrance by opening the front window of
the bank, and while so engaged aroused the manager, Mr Hayes, who immediately
proceeded to the place from whence the sound came, and observed a man standing in
front. He called out to him, but receiving no answer Mr Hayes fired his revolver, which,
however, did not take effect, as the burglar was seen to retreat speedily. A search was
made, when it was discovered that the bank had been entered, but only a few vouchers
were abstracted. Some five years ago, the same bank was stuck up and robbed of several
hundred pounds. The police are actively engaged endeavouring to find a clue, but so far
have not been successful. About the same hour the premises of Mr Gloster, draper, were
entered, but the burglar’s intentions were frustrated by the appearance of Mr Gloster.
Unfortunately, the would-be burglar was not captured, but succeeded in making his exit
through a back window. It is thought that there is more than one concerned in the affair.
The police, therefore, are keeping a strict watch, and the efforts being made to thoroughly
investigate the matter. Mr Gloster it will be remembered, is the hawker who was stuck up
by the Kelly gang at Younghusband’s Faithfull’s Creek station, near Euroa, at the time of
the robbery of the Euroa Bank.
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Page ?, Column 4.
PROSPECTING AT GLENROWAN.―Some of our townsman (writes the “Wangaratta
Dispatch”) have subscribed to enable a party to prospect the Glenrowan ranges for gold.
We understand the party at work have obtained the color of gold in a reef, and the
subscribers have decided to enable them to sink to some depth to test the supposed reef.
We commend them for their liberality, and wish them luck in the undertaking. Messrs
Tone and Dale are the main movers in the matter.
THE FEARED BUSHRANGING OUTBREAK.―Mr Chomley, the acting chief commissioner of
police, who recently visited the Kelly country to enquire into the probabilities of the
outbreak of another gang of bushrangers, had an interview with the Chief Secretary on
Saturday, we learn from the “Argus.” He expressed the opinion that the rumours in this
matter have been exaggerated, but that it is nevertheless desirable that precautionary
measures should be taken. He also mentioned the extreme difficulty of getting
information on the subject from any of the residents of the neighbourhood, because of the
system of terrorism which has been established by the Kelly sympathisers. A system of
special police supervision by a body of picked men will be established in the district, and
the constables engaged in this duty will undergo special training in rifle and revolver
practice.
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BENALLA MEMS.―The Benalla correspondent of the “Argus” on Friday telegraphed the
following items of news:―Superintendent Chomley arrived here today to make enquiries
into the supposed Kelly outbreak. No trace can be found of any missing circular saws. It
is reported that Mrs Jones is about to build a new hotel at Glenrowan, on the site of the
old one, which was burnt when the Kelly gang was destroyed. Mr. J. L Thompson, late
manager of the Experimental Farm at Dookie, received a testimonial from the inhabitants
of Cashel, consisting of a valuable gold watch and chain, and from the students an
aneroid barometer set in English oak, and a thermometer.
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No. 5052
Saturday, July 29, 1882.
UPJOHN.—The “Evening Mail” states that Upjohn, the public flagellator, has been
deprived of his salary of £90 per annum, and will in future be paid by results, at the rate
of 10s for each case of flogging, and £5 for every execution.
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CARRYING FIREARMS.—It has been gazetted that the provisions contained in part ??B
of the Police Offences Statute have been extended to the township of Glenrowan and a
radius of one mile and a half from the railway station. The provisions are for the purpose
of preventing persons carrying or discharging firearms, or being in outward possession of
other such weapons or instruments, within the specified area. The penalties for offending
are somewhat severe. A fine as high as £20 can be imposed, failing the payment of which
the amount can be levied by distress, or imprisonment, as following:—For non-payment
of a fine of £1, one month; £10, two months; £20, six months. The magistrate has the
option of inflicting imprisonment alone. In consequence of the practice of carrying firearms adopted by certain residents in the Glenrowan and Greta districts having become
very manifest, observes the “Benalla Standard,” the police have found it necessary to
introduce measures whereby they will be able to grapple with this dangerous custom. We
may now, therefore, hope to hear of its abandonment—a circumstance that will be
appreciated by so few of the residents of Glenrowan.
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No. 5054
Thursday, August 3, 1882.
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No. 5055
Saturday, August 5, 1882.
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No. 5056
Tuesday, August 8, 1882.
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No. 5057
Thursday, August 10, 1882.
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No. 4
, August 11, 1882.
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No. 5058
Saturday, August 12, 1882.
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No. 4
, August 16, 1882.
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No. 4
Thursday, August 17, 1882.
THE GLENROWAN INN.—The “Benalla Standard” states that it is rumored that the hotel
recently erected by Mrs Ann Jones, at Glenrowan, on the site of the building in which the
Kelly gang of bushrangers was annihilated, is to be utilised as a police station. It will be
recollected that the proprietress of the intended hostelry was unable to obtain a license,
and hence her alleged decision in renting it to the authorities for police purposes. From
the plan, it would appear to be a very commodious and somewhat ornamental structure,
containing seven rooms, in addition to a well-built stable and other buildings. Its central
situation renders it most suitable for a police station, although we hardly think the
thought of the outlaws’ enemies being the occupants of a site on which they caused so
much blood to be spilt ever entered the minds of the large concourse assembled at the
siege of Glenrowan. Yes, if we are rightly informed, such will eventually occur, and with
it the better—if not more comfortable—accommodation of the constables. During the
summer months the carriage of water may occasion some trouble, but probably this will
be avoided by the laying of a pipe from a permanent spring, which is situated some 200
yards off in the direction of the “Lookout,” to the station, thereby securing a supply of
water adequate for all purposes.
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THE BLACK TRACKERS.—Some of the Queensland trackers brought to Victoria by Mr
Chomley are about to return home. They leave here (states Tuesday’s “Ensign”) to-day
under the care of Constable Kirkham, who will accompany them to Maryborough, their
destination. The men while here have given every satisfaction, and this may be entirely
attributable to the excellent management of Constable Kirkham. From the salary received
they have not only supplied their own wants; but most of them can show a very creditable
bank account. Moses has over £80 to his credit, and the others have in proportion to the
time of engagement. Spider, who had left here some time ago, has been brought back to
Benalla. Constable Kirkham will make but a short delay in Queensland, and on his return
he will bring with him as many trackers as may be required to add to those remaining.
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No. 4
Tuesday, August 22, 1882.
RELICS OF THE KELLY OUTLAWS.—Among some of the relics which have been
preserved of the Kelly gang after their destruction at Glenrowan are Ned Kelly’s compass
and bridle. These are in the possession of one of the constables who took an active part in
searching for the gang, and also at the fight at the hotel, says the “Telegraph.” The
compass is a brass and without any ornamentation, and is convenient to carry in the bush.
This instrument, said Kelly, on one occasion guided him through almost unknown
forests, by which means he so often evaded the police. The bridle is of the ordinary
description for riding purposes, and was taken from his favorite mare at Glenrowan. The
same constable has the fore hoofs of Dan Kelly’s horse that was accidentally shot at
Glenrowan. The most interesting thing in connection with these is that the shoes were
fastened on by the chief of the outlaws, and the rough manner in which the work has been
done fully illustrates the fact that the workman was unskilled in the art. It is singular to
relate that the hoofs of this noble animal, so faithful to its master, carried the outlaw over
hundreds of miles, across plains and over mountains, from dangers, and ultimately to
destruction, now ornament the chimney-piece of one who was a school companion of the
outlaws, joined in their boyish sports and revelries, but who, was their greatest enemy in
subsequent years, and who fired the first shot at Glenrowan. It is stated that these relics
may at no distant date find a resting place beyond the seas in Mr Barnum’s show in
America.
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